SafeWork SA

Agreed Procedures

for

WHS Consultation

December 2013

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Foreword

The introduction of the Work Health Safety Act 2012 (SA) (the WHS Act) in January 2013

brought with it new requirements for consultation - including the opportunity for workplaces to

develop ‘agreed procedures for consultation’ (section 47).

SafeWork SA has decided to develop such ‘agreed procedures’ to set the foundation for how

we will work co-operatively and constructively on issues that affect the health and safety of

workers at SafeWork SA.

The following Agreed Procedures for Consultation cover all members of SafeWork SA

Executive, managers and workers (including HSRs) who are employed to work at SafeWork SA.

Most SafeWork SA policies and procedures are approved purely by Executive. These

procedures are the exception. Under Section 47 of the WHS Act they must be agreed to by

both SafeWork SA and its workers in order for them to come in effect.

Therefore, the following Statement of Commitment and Agreement has been signed by each

member of Executive and each of the elected health and safety representatives (HSRs) at

SafeWork SA to formally document the commitment of management and workers to

implement and abide by the agreed procedures.

The procedures have been designed to do three things:

1. To summarise the legal requirements for consultation under the WHS Act, and the type

ofaction executive, managers, workers and HSRs need to take to help SafeWork SA meet

its obligations (Section 1).

2. To describe the principles that should be followed by everyone at SafeWork SA throughout

the consultation process (Section 2).

3. To describe the practical structures and arrangements that have, or will put in place, to

prompt and guide the consultation process (Section 3).

The Agreed Procedures for Consultation will be reviewed six months after implementation to

identify any opportunities for improvement - and thereafter reviewed each year unless

otherwise agreed.

The templates and tools developed to support these procedures can be enhanced and

added to between reviews, subject to consultation in accordance with this procedure and

agreement by the SafeWork SA WHS Committee and Executive.

Please Note:

Issue resolution and consultation with other PCBUs on WHS issues will be the subject of

separate arrangements.

Terms highlighted in bold throughout the document are defined in Appendix A

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Contents

Page

Section 1. Legal requirements and responsibilities 1

1.1 The primary duty to consult 1

1.2 The aim of consultation 1

1.3 Who must be consulted and when 1

1.4 The consultation process 2

1.5 Responsibilities 3

Section 2. Key Characteristics of the Consultation Process

2.1 Transparency 7

2.2 Timeliness 7

2.3 Inclusiveness 7

2.4 Flexibility 8

2.5 Objectiveness 8

2.6 Presumption-free 8

2.7 Respectful 9

2.8 Encouraging 9

2.9 Proactive 9

Section 3 Consultative structures and arrangements at SafeWork SA

3.1 Consultative Structures 11

3.2 Consultative Arrangements 11

3.2.1 Consultation During Hazard Identification, Risk Assessment and Control 12

3.2.2 Consultation Regarding Welfare Facilities 14

3.2.3 Consultation When Planning for Change 16

3.2.4 Consultation When Developing or Changing Procedures 19

Appendices

Appendix A: Definitions

Appendix B Extract: South Australian Public Sector Wages Parity Enterprise Agreement: Salaried

Appendix C: Extract: SafeWork Australia’s: Worker Representation and Participation Guide

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Section 1: Legal requirements and responsibilities

1.1 The primary duty to consult

One of the objectives of the Work Health and Safety Act 2012 (SA) (the WHS Act), is to

ensure:

…fair and effective workplace representation, consultation, co-operation and

issue resolution in relation to work health and safety…

In line with this objective, the WHS Act sets out specific requirements for consultation

and allows for:

the election of health and safety representatives (HSRs) to represent workers on

health and safety issues;

the establishment of Health and Safety Committees; and for

workplaces to develop their own agreed procedures for consultation.

Such agreed procedures must be consistent with the WHS Act and the Work Health and

Safety Regulations 2012 (SA) (the Regulations), and once agreed to by the workers and

the person conducting the business or undertaking (the PCBU), the procedures must be

complied with.

These Agreed Procedures for Consultation are consistent with the:

Work Health Safety Act 2012 (SA) - Part 5 Consultation, representation and

participation

Work Health and Safety Regulations 2012 (SA) - Chapter 2 Representation

and participation

Work Health and Safety Consultation, Co-operation and Co-ordination

Code of Practice, December 2011

South Australian Public Sector Wages Parity Enterprise Agreement:

Salaried 2012 (see extract provided as Appendix B ).

South Australian Public Sector Code of Practice for Crown Self-insured

Employers and associated performance standards.

Worker Representation and Participation Guide, SafeWork Australia, 2012.

1.2 The aim of consultation According to the Work Health and Safety Consultation, Co-operation and

Co-ordination Code of Practice (the Code) the aim of consultation is to

ensure that:

decision makers have sufficient information to make well-

informed decisions;

workers who may be affected are given a reasonable

opportunity to provide their views; and

workers understand the reasons for the decisions.

1.3 Who must be consulted and when Under section 47 of the WHS Act, SafeWork SA must, so far as is reasonably

practicable, consult with workers who carry out work for the agency and

who:

… are or are likely to be, directly affected by a matter relating to

work health or safety.

Under section 48(2) of the WHS Act any HSR who represents such workers

must also be involved in the consultation process.

In accordance with section 49 of the WHS Act, SafeWork SA must consult

with workers and HSRs when:

identifying hazards and assessing risks;

deciding how to eliminate or minimise those risks;

Relevant section of the WHS Act or

Consultation Code

WHS Act s 3(1) (b) HSRs: Pt 5 Div 3 Committees: Pt 5 Div 4 ‘Agreed procedures‘: Act s47 Duty to comply with agreed procedures: Act s47 (3) Para 3: See Code page 9 S3.5 paragraph 3

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deciding about the adequacy of welfare facilities;

proposing changes that may affect the health or safety of

workers; and

deciding about the procedures for:

consultation;

issue resolution;

health monitoring;

monitoring workplace conditions; and

the provision of information and training to workers.

1.4 The consultation process According to the Code, consultation should be a two-way process where

decision makers and workers:

talk to each other about health and safety matters;

listen to each other’s concerns and raise their own; and

seek and share views and information.

Decision makers must then consider the feedback from workers and HSRs

before making their final decision and advise them of their decision in a

timely manner.

In accordance with the above and section 48 of the WHS Act, SafeWork

SA will use the following four-step process when consulting on health and

safety issues.

Step 1

Decision maker shares relevant information

on WHS issue with workers and HSRs

Step 3

Decision maker takes the views of workers

and HSRs into consideration before

making a final decision

Step 2

Workers and HSRs are given a reasonable

opportunity to consider the

information and express views

Step 4

Decision maker provides workers and

HSRs with timely advice on the outcome

of the consultation

Relevant section of the WHS Act or

Consultation Code Dot points based on Act s49 (a) to (f). Para 1: See Code page 7 first paragraph Para 2: Consideration of view required by Act s48 (1) (c) Feedback required by Act s48(1) (d) Step 1: s48(1) (a) that relevant information about the matter is shared with worker Step 2: s48(1) (b) that workers be given a reasonable opportunity (i) to express their views and to raise work health or safety issues in relation to the matter; and (ii) to contribute to the decision-making process relating to the matter; Step 3: s48 (1) (c) that the views of workers are taken into account by the person conducting the business or undertaking; Step 4: s48(1) (d) that the workers consulted are advised of the outcome of the consultation in a timely manner.

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The amount of time and action involved in each step will depend on a variety of

factors including:

the number of workers who may be affected

the seriousness and urgency of the matter; and

the extent to which there is a need for consultation (for example, if the WHS

Legislation prescribes exactly what must be done to control a hazard,

consultation will focus on how and when this occurs).

The Code states that while the consultation process may not always result in

agreement, this should be an objective of the process as agreement will

make it more likely that the final decision is effective and actively supported.

If a worker believes that a decision maker has made a decision that may have an

impact on health and safety, (despite going through the consultation process),

then their options include:

accepting the decision because the impact is relatively minor

consulting with the decision maker with a view to getting them to

reconsider their decision

speak to their HSR about their concerns

activating the issue resolution provisions of the WHS Act (Part 5 Division 5).

Remember Consultation at SafeWork SA must, so far as is reasonably

practicable:

o involve all relevant workers and HSRs; and

o follow each step of the abovementioned process.

1.4 Responsibilities

Primary responsibility for ensuring that SafeWork SA complies with its duties to consult rest

with the Executive of SafeWork SA as ‘officers’ under section 27 of the WHS Act.

However, everyone at SafeWork SA has duties under the WHS Act. The following section

describes:

your broad duties under the WHS Act;

how they relate to the issue of consultation; and

the sort of things you should be doing to play your part in the

consultative process.

Executive

The Executive Director of SafeWork SA and all other Directors are considered ‘officers’

under section 27 of the WHS Act. They must exercise ‘due diligence’ to ensure that

SafeWork SA complies with WHS Legislation. This includes taking reasonable steps to

ensure that the agency implements processes (such as these Agreed Procedures for

Consultation) to comply with its duty to consult.

Executive is committed to making SafeWork SA a workplace where, every decision

maker routinely:

considers if any proposal could have implications on WHS, and if so,

consults with the relevant workers and HSR/s.

To this end, Executive will lead by example in the implementation of these Agreed

Procedures for Consultation, and will:

a) Familiarise themselves with the content of these Agreed Procedures for Consultation

and comply with them in both spirit and practice.

b) Identify issues that require consultation with workers and HSRs, and ensure this

happens.

c) If the final decision on a matter rests with them, they will be as actively involved in

consultation processes as they reasonably can (for example, they may initiate

meetings with HSRs and attend broader consultative forums).

d) Promote the benefits of consultation with workers and HSRs.

Relevant section of the WHS Act or Consultation

Code Para 1: Based on Code page 9 s3.5 paragraph 2. Para 2: See Code page 9 Section 3.5 paragraph 2 Duty of Executive as Officers See Act s27 27(5) due diligence Para 1 (5)(e) Officers to ensure the PCBU implements processes for complying with any duty under this Act; ‘Examples’ include the duty to consult with workers. See also Code page 4 paragraph 1 Para 2 Why routinely consult? … Act s49 consultation is required (d) when proposing changes that may affect the health and safety of workers Para 3 Act s47 (2) If a PCBU and workers have agreed to procedures for consultation, consultation must be in accordance with those procedures. Act s27 (5) Officers must take reasonable steps to: (a) acquire and keep up-to-date knowledge of WHS matters. (b) gain an understanding of the nature of the operations of the business …and generally of the hazards and risks associated with those operations.

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e) Encourage managers, supervisors, workers and HSRs to:

ask questions about health and safety;

raise concerns and report problems;

make suggestions on how to improve WHS; and

be part of the problem solving process.

f) Set deadlines that allow sufficient time for effective consultation with workers and

HSRs.

g) Insist that any proposals, project plans or procurement plans put to them for

consideration identify any potential impact on WHS, and if so includes details of :

who has been consulted and how during the development of the paper

what the feedback was; and

if the feedback has been either incorporated in the proposal/plan or excluded,

and if so, why.

h) Consult with workers (including HSRs and the WHS Committee) when developing a

strategic framework for the management of WHS within SafeWork SA.

i) Use the Direct Reports meetings and the Performance Development Review

process to monitor the extent to which managers are undertaking appropriate

consultation.

Managers and Supervisors

Like all workers, under section 28 of the WHS Act, SafeWork SA managers and

supervisors must take reasonable care to protect their own health and safety and the

health and safety of others by:

complying with any ‘reasonable instruction’ given by SafeWork SA in its efforts

to comply with WHS Legislation; and

co-operating with any reasonable policy or procedure.

This includes taking reasonable care to co-operate and comply with these Agreed

Procedures for Consultation. For managers and supervisors, taking ‘reasonable care’

includes the following:

a) Familiarising yourself with the content of these Agreed Procedures for Consultation

and ensuring you comply with them in both spirit and practice.

b) So far as is reasonably practicable, initiating consultation with the relevant workers

and HSRs when:

identifying, assessing and controlling hazards and risks;

investigating incident, hazard and injury reports;

planning changes to the plant, equipment, substances or systems of work used

by workers in their team; and

developing or reviewing WHS policies and procedures.

j) Ensuring any proposals, project or procurement plans you develop identify any

potential impact on WHS, and if so includes details of :

who has been consulted and how during the development of the paper

what the feedback was; and

if the feedback has been either incorporated in the proposal/plan or excluded,

and if so, why.

c) Promoting the benefits of consultation with workers and HSRs.

d) Encouraging workers and HSRs to:

ask questions about health and safety;

raise concerns and report problems;

make suggestions on how to improve WHS; and

be part of the problem solving process.

e) Being actively involved in consultation processes, such as initiating consultative

forums and meeting with HSRs.

Relevant section of the WHS Act or Consultation

Code Point (e) Code page 7 paragraph 3. Point (f) re deadlines… s48 of Act requires that ‘workers are given a reasonable opportunity to express their views’. See also Code Pg. 7 3.1 (g) Why include in papers to Exec? …s49 (d) Consultation is required when proposing changes that may affect the health and safety of workers. See also Code Page 9 Sec 3.4 Managers and Supervisors Act s28 1st (c) comply, so far as the workers is reasonably able, with any reasonable instruction given by the PCBU 2nd (d) co-operate with any reasonable policy or procedure of the PCBU… Point (a) Consistent with Act s28 (c) and (d) above. Point (b) Consistent with Act s49 – When consultation is required Point (c) Consistent with Act s49 (d) consultation required when proposing changes that may affect WHS. Point (e) Code page 7 Para 3.

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f) Ensuring, so far as is reasonably practicable, that all workers and HSRs in their team

have an opportunity to participate in the consultation process.

g) Using the WHS agenda item of team meetings to:

share and discuss relevant information on any proposed changes that could

have an impact on the WHS team members;

discuss the progress made on the fixing of any team-related issues logged on

HIRMS and/or on the SafeWork SA Corrective Action Plan; and

share and discuss any relevant WHS policies or procedures that have been

released for consultation.

Workers

All workers at SafeWork SA must take reasonable care to protect their own health and

safety and the health and safety of others, by:

complying with any ‘reasonable instruction’ given by SafeWork SA in its efforts

to comply with WHS Legislation; and

co-operating with any reasonable policy or procedure (refer to section 28 of

the WHS Act).

This includes taking reasonable care to co-operate and comply with these Agreed

Procedures for Consultation. For workers such reasonable care includes the following:

a) Familiarising yourself with the content of these Agreed Procedures for Consultation

and complying with them in both spirit and practice.

b) Consider if any of the work you are doing may impact on the WHS of other staff and

if so consult with them to minimise any risks.

c) So far as you reasonably can, taking time to consider the information a decision

maker has provided on any matter that could impact on your health and safety or

the health and safety of those in your workgroup.

d) Raising any questions or concerns you have about the information or issue either

directly with the decision maker or with your manager, supervisor or HSR.

e) Being proactive in providing feedback. This includes speaking up at any meetings

or other opportunities organised to provide feedback, or, if you do not want to

voice your opinions publicly, providing feedback through other means (such as by

email or via your HSR).

Health and Safety Representatives

As with managers and supervisors, HSRs have the same responsibilities as workers under

the WHS Act. HSRs do not incur any extra liability as a result of volunteering to undertake

this role.

As a HSR, you have a pivotal role to play in the consultation process that includes:

a) Familiarising yourself with the content of these Agreed Procedures for Consultation

and complying with them in both spirit and practice.

b) So far as you reasonably can, taking time to consider the information the decision

maker has provided on any matter that could impact on the health and safety

yourself and members of your workgroup.

c) Raising any questions or concerns you have about the information or issue with the

decision maker.

d) Being proactive in seeking feedback from all members of your workgroup (such as

calling a special meeting, or seeking feedback via email).

e) Speaking up at any meetings or other opportunities organised to provide feedback,

or, if you do not want to provide feedback in such forums, providing it through other

means (such as in one-on-one discussions with the decision maker or via email).

Relevant section of the WHS Act or Consultation

Code Point (f) Code pg. 14 4.3 Where HSR have been elected, they must always be included in any Point (a) Consistent with Act s28 (c) and (d) above. consultation that affects, or is likely to affect, the health and safety of members of their workgroup. Point (g) Act s48 (a) that workers be given a reasonable opportunity –

Workers 1st paragraph see Act s28 (c) comply, so far as the workers is reasonably able, with any reasonable instruction given by the PCBU (d) co-operate with any reasonable policy or procedure of the PCBU… (a) Consistent with Act S28 (c) and (d) above.

Health and Safety Reps 1st paragraph Act s68 (5) Nothing in this Act imposes or is taken to impose a duty on a health and safety representative in that capacity. Point (a) paragraph see Act s28 (c) comply, so far as the workers is reasonably able, with any reasonable instruction given by the PCBU (d) co-operate with any reasonable policy or procedure of the PCBU…

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Remember

No matter what your role in SafeWork SA, you have a duty to comply with these

Agreed Procedures for Consultation.

Effective Communication: It is up to everyone to raise and discuss issues.

Responsibility for communication starts with each one of us.

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Section 2: Key Characteristics of the Consultation Process

Everyone in SafeWork SA has a role to play in WHS consultation. Open and transparent

communication and active participation in the consultation process are essential to

our success in health and safety.

Irrespective of whether you are a decision maker, a HSR or a worker, all parties in the

consultation process must:

be objective in their considerations

be courteous in their dealings with others involved in the consultation process

be respectful of the right of others to have and express alternative views;

and

play a constructive role in resolving issues and finding solutions to problems.

The consultation process should at all times embody the following characteristics,

based on the requirements of WHS Legislation and the collective wisdom of the

management and staff of SafeWork SA.

Guiding Principle:

A guiding principle of these arrangements is that all issues may have WHS

implications. It is not appropriate to discount an issue such as an industrial matter as

having no WHS implications as the two often are inextricably linked.

2.1 Transparency:

Decision makers should share all of the relevant information they have about an

issue with workers and HSRs, to encourage well-informed and constructive

discussions.

Decision makers should when providing feedback about a final decision:

respond to the concerns and questions raised by workers and HSRs; and

provide information that will help those affected understand the reasons for

the decision.

2.2 Timeliness:

Relevant Information should be shared as early as practical in the decision

making process to give workers and HSRs a reasonable opportunity to consider

the information and provide feedback.

Workers and HSRs need to be given a reasonable period of time to consider the

information and issue. Decision makers need to set deadlines for comment that

enable workers and HSRs reasonable time to consider the information put before

them and provide feedback. In setting a deadline the decision maker should

consider factors such as the seriousness of the issue, the number of people

affected, and the likelihood of workers being available to comment.

Workers and HSRs should make a reasonable effort to comply with any deadlines

set for feedback or if they feel that they need more time, raise this as soon as

practicable with the decision maker.

Decision makers must advise workers and HSRs of their decision in a clear and

timely manner.

2.3 Inclusiveness:

Make sure any relevant information shared on a particular issue is easy to access

and easily understood by all workers and HSRs

If an issue is going to be discussed at a meeting that the HSR would not normally

attend, invite them to attend so that they can receive the same information as

those they represent.

Relevant section of the WHS Act or Consultation Code

Transparency Para 1: See Code pg. 7/ 3.1 You should make available all the information that you have…. to enable informed and constructive discussions… Para 2: See Code pg. 9/ 3.4 You should … respond to concerns and questions raised by workers within a certain time frame and provide feedback about any options they propose...provide information to help them understand the reasons for your decision

Timeliness 1st and 2nd Para See Code pg. 7 3.1 information should be provided early on so that workers and HSRs have enough time to consider the matters, discuss them and provide feedback. s48 of Act required that ‘workers are given a reasonable opportunity to express their views’ 4th Para See Code pg. 7 s3.1 and Act s48 (b)

Inclusiveness 1st Para See Code pg. 8 ‘The information should be presented in a way that can be easily understood by your workers …’ 2nd Para See Code pg. 14 Where HSRs have been elected, they must always be included in any consultation that affects, or is likely to affect, the health and safety of members of their workgroup.

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Think of everyone who could be affected. Share relevant information with

everyone who may be directly affected by an issue, not just those immediately

involved. For example:

Case 1:

A worker reports a hazard that could also be affecting others in the team. The

decision maker could either:

(for urgent issues) hold an impromptu meeting with the workers affected and

their HSR to alert them to the issue, share information and get feedback; or

(for non-urgent issues) inform the HSR and raises the issue at the next team

meeting.

Case 2:

An issue is raised that is of a particularly serious nature and/or has implications for

other workgroups. The decision maker:

refers the matter to the relevant directors, managers and HSRs; and

advises the Principal Project Officer WHS, Business Services (WHS Co-ordinator)

who may assist, notify members of the WHS Committee and places the

matter on the agenda for the next meeting.

2.4 Flexibility:

Be flexible in the way relevant information is shared. Meeting face-to-face is

usually the most effective way of communicating, although that may not always

be possible or preferable. Depending on factors such as the nature of the issue

and number of people affected, information can be shared in a variety of ways

including:

presenting information at tool box, team, functional group, direct reports

and/or WHS Committee meetings;

calling a special meeting or telephone/video conference;

circulating information in hard copy or via email; and/or

making documents accessible via the Q-drive, Intranet or Social Text.

Decision makers should be flexible and err on the side of granting any

reasonable request to extend a deadline for comment, unless the risk is such that

action must be taken sooner rather than later.

Allow workers to provide feedback in whichever way they feel comfortable.

Options include providing feedback individually or as a group:

directly to the relevant decision maker (face-to-face, over the phone, via

a written submission delivered personally or by fax, email or social text); or

indirectly and/or anonymously through their HSR, supervisor, manager or

union.

Note: While it is not compulsory to provide feedback in writing to the decision maker

or your HSR, in doing so, minimises the risk of your comments being forgotten or

misunderstood.

2.5 Objectiveness:

Workers and HSRs should not let any personal views about a decision maker,

interfere with the objective consideration of any information provided by the

decision maker.

A decision maker should not let any personal views about an individual worker,

HSR or workgroup who interfere with the proper consideration of any feedback

provided by the worker, HSR or workgroup.

2.6 Presumption-free:

Don’t presume a change has no impact on the WHS of workers. Consult with

the relevant HSRs before deciding if broader consultation is required. If in any

doubt, always consult.

Don’t assume everyone has the same baseline of knowledge about WHS. The

Relevant section of the WHS Act or

Consultation Code

Flexibility See Code Section 3.1 Pg. 8 Para 3.

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decision maker must ensure that the information shared enables all workers

and HSRs to understand:

the potential hazards and risks;

any other or complementary legal requirements that may apply; and

the advantages and disadvantages of proposed solutions.

2.7 Respectful:

Respect each person’s right to their own opinion. Don’t dismiss or attack the

concerns or ideas someone has raised simply because you don’t like them. You

may feel strongly that someone’s opinion is wrong but unless you can change

their view constructively you need to simply agree to disagree.

Don’t breach confidentiality by releasing personal information as part of the

consultation process.

Don’t act in a vexatious or frivolous way.

Recognise and respect that sometimes decision makers are forced to make

changes for reasons outside of their control (such as staff shortages and changes

in legislation).

Recognise and respect that despite the best efforts of a decision maker to be

approachable there will always be times when workers may not feel

comfortable providing feedback directly to their supervisor, manager or director.

Such workers may instead elect to have their views and issues represented by

the HSR in complete anonymity and confidentiality.

Workers are entitled to seek assistance and support from others on WHS matters

and during the consultation process. Such assistance and support could include:

HSR’s, their union representative; an Entry Permit Holder (EPH); co-workers; a peer

support officer; or counsellor (e.g. through the Employee Assistance Program).

HSRs can seek assistance and support from all of the above mentioned sources

and an Approved Consultant.

Recognise and respect that HSRs may have to deliver feedback that they do

not necessarily agree with but are obliged to do so, in order to truly represent

everyone in their workgroup.

Where members of the workgroup have divergent views on a health and safety

issue, the HSR will present the full range of views to the decision maker. Members

of the workgroup can’t vote to overrule, diminish or dismiss the concerns of an

individual work group member nor interfere with the HSR exercising the powers

and functions of HSRs under the WHS Act.

2.8 Encouraging:

Workers and HSRs should be encouraged to ask as many questions as they

need to get a complete and accurate understanding of the issue and possible

solutions.

SafeWork SA is required, under section 70(f) of the WHS Act, to provide any

resources, facilities and assistance to a HSR that are reasonably necessary for

them to carry out their functions, including the function of representing their

workgroup. For the purpose of consultation, this may include:

giving affected workers and their HSRs the time and opportunity to come

together to consider the information that has been provided, discuss the

issues and form their views; and

allowing HSRs access to a private room for discussion with members of their

workgroup; or access to a room for workgroup meetings.

Workers and HSRs should be encouraged to suggest any other solutions that

could help minimise risks to WHS.

Relevant section of the WHS Act or Consultation

Code

Respectful

Para 2 Code pg. 7 Sec 3.1 The

information may include….data on incidents, illness or injuries (in a way that protects the confidentiality of personal information.

And…. Act s68 (3)...a HSR is not

entitled to have access to any personal or medical information concerning a worker without the worker’s consent…

Encouraging

Act s70 (2) The PCBU must allow a HSR to spend such time as is reasonably necessary to exercise powers and perform functions.

Code Pg 13 4.2 The

[agreed] procedures may also include the provision of practical assistance for affected workers and HSRs to facilitate the consultation process.

See also Appendix C: Safe

Work Australia Guide: Workers Representation and Participation Guide.

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2.9 Proactive:

Decision makers should seek opportunities to informally and formally talk to the

relevant workers and HSRs about the issue, answer questions and hear their

concerns.

HSRs should likewise seek opportunities to talk to the relevant members of their

workgroup about the issue, answer questions and hear their concerns.

The WHS Act provides workers with an opportunity to have a say on the matters

that may impact on their health and safety. It is up to each worker to decide if

they want to make use of that opportunity. Never underestimate the value in

providing feedback on an issue even if the feedback is that you are unaffected

by the issue or happy about the proposed change.

Decision makers and HSRs are not mind readers so please take the time to let

them know what you think.

HSRs may also independently raise issues with decision makers.

Decision makers should always seek feedback from the HSR who represents the

workers affected by a proposal.

HSRs should be proactive in forwarding any feedback they receive from their

workgroup to the relevant decision maker.

Relevant section of the WHS Act or

Consultation Code Proactive Code page 9, section 3.5 Para 4: You are not expected to do the impossible, but are required to take a proactive and sensible approach to consultation. See Act s48 (2) and Code pg. 8, section 3.2, paragraph 3… If there is a HSR for the workplace you must include them in the discussions, with or without the involvement of workers directly.

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Section 3 Consultative Structures and Arrangements at SafeWork SA

3.1 Consultative Structures

As previously mentioned the WHS Act allows for:

the election of health and safety representatives (HSRs) to represent workers on

health and safety issues; and

the establishment of Health and Safety Committees.

SafeWork SA and its workers have agreed to a series of workgroups from which HSRs

have been elected. A current list of the workgroups and the HSRs can be found on

either the:

SafeWork SA Intranet (under phone listings); or

health and safety information boards.

The WHS Act gives HSRs a role in representing members of the workgroup on WHS

matters. This means that in any consultation process a worker is entitled to have the

support and assistance of an HSR.

WHS Committees are a forum in which worker and management representatives can

work together to develop standards, rules, procedures, other initiatives to help protect

the health and safety of workers.

A WHS Committee has been established at Safe Work SA and every SafeWork SA HSR is

entitled to attend the WHS Committee meetings. A list of committee members can be

found on either the:

SafeWork SA Intranet (under phone listings); or

health and safety information boards.

Appendix C provides more information on the role of HSRs; WHS Committees and what

SafeWork SA (as a PCBU) is committed to doing to support these roles.

In addition to specific consultative structure established under the WHS Act, there are

regular forums held in SafeWork SA that can also be used to share relevant information

and discuss WHS issues. These forums include:

toolbox, office or unit meetings;

team meetings;

functional group meetings;

direct reports meetings; and

ED forums.

3.2 Consultative Arrangements

The following arrangements for consultation are based on each of the situations when

consultation must occur as described in section 49 of the WHS Act.

The arrangements outline the procedures covering each situation, including any

triggers to prompt and guide the consultation process.

12

3.2.1 Consultation During Hazard Identification, Risk Assessment

and Control

What section 49 of the WHS Act requires of SafeWork SA:

SafeWork SA must consult with workers [and their HSR/s] …

a) when identifying hazards and assessing risks to health and safety arising from the work

carried out or to be carried out by the business or undertaking.

(b) when making decisions about ways to eliminate or minimise those risks;

Key points from the Code: See Section 2.1 Managing risks < link >

SafeWork SA, as a PCBU, should:

Regularly ‘walk around the workplace’ to identify hazards

Conduct surveys, for example to uncover work-related health issues

Provide information (such as technical guidance) about hazards and risks that affect the

workgroup.

How this is done at SafeWork SA

1. Worksite Inspections < Link >

Worksite inspections are conducted twice each year by a team that consists of the Manager

and HSRs from the relevant workgroup. Any hazards and risks identified are logged on the

SafeWork SA Corrective Action Plan by the Manager.

Trigger for Consultation: The Worksite Inspection Checklist requires that the names of the

Manager, HSR and any other worker/s who participate on the inspection team be

recorded.

2. Internal Compliance Audits < Link >

Internal Compliance Audits are used to assess SafeWork SA’s compliance with DPC WHS

Standards and SafeWork SA procedures. Audits are conducted twice each year. Any areas of

non-compliance are logged by the relevant Manager on the SafeWork SA Corrective Action

Plan. Each audit tool has a standard introduction which states that the audit team must consist

of a minimum of two persons and should include at least one manager/supervisor, one

worker/employee and where possible a HSR. At least one of the audit team members must be

trained, either through the DPC internal auditor training course or other recognised audit training

Trigger for Consultation: The SafeWork SA audit checklists require the recording of the

names of the Manager, HSR and any other worker who participate on the audit team.

3. The SafeWork SA Corrective Action Plan < Link >

The SafeWork SA Corrective Action Plan is an Excel document used to record WHS issues

requiring action. There is a spread-sheet for each workgroup and one for issues that affect

multiple workgroups.

While the Corrective Action Plan is primarily a recording tool, each month Managers are sent an

email by the WHS Co-ordinator (copied to Directors) reminding them of the need to assess and

control the hazards logged on that plan against their area.

Trigger for Consultation: The monthly email sent to Managers will also be sent to HSRs

and remind Mangers of the need to consult with HSRs when assessing and controlling any

issues.

Trigger for Consultation: At each Team meeting, Managers will report on the progress

made to resolve issues from the SafeWork SA Corrective Action Plan that affect the team.

Trigger for Consultation: Executive receive a fortnightly report on outstanding issues on

the SafeWork SA Corrective Action Plan. Executive will use this to check, at the Direct

Reports meetings, that appropriate consultation is occurring and issues are being

addressed.

13

4. Hazard, Accident or Incident Reports. < Link >

Any work-related accidents or incidents involving SafeWork SA staff must be logged

electronically on HIRMS. Managers must then investigate the issue in a timely manner (within 10

days) in consultation with the relevant worker/s and HSR/s.

Triggers for Consultation: Once lodgement on HIRMS is completed, an electronic

notification is automatically sent to the relevant Manager and HSR.

Triggers for Consultation: Executive receive a monthly report on any outstanding issues on

HIRMS and will use the Executive and the Direct Reports meetings to monitor that

appropriate consultation is occurring and issues are being fixed.

5. Hazard-specific Risk Assessment Tools

Standard forms and checklists are used to undertake risk assessments in the office and field of:

o Hazardous Substances and Dangerous Goods < Link >

o Plant < Link >

o Manual Handling < Link >

Trigger for Consultation: Each checklist requires the recording of the names of the

Manager, HSR and any other worker involved in the risk assessment. The forms remind

managers of the need to consult with the workers and HSR as part of the risk control

process, and to record the names of those consulted.

6. The General Risk Assessment Checklist

This risk assessment tool can be used, to perform a risk assessment for issues not covered by the

manual handling, plant or hazardous substances checklists.

Trigger for Consultation: The form requires the recording of the names of the workers and

HSR consulted as part of the risk assessment and control process.

7. Workstations Assessment Checklist

This checklist is used to check that a person’s desk is set up in accordance with ergonomic

principles. It is used when a worker starts at SafeWork SA and can be used if an existing worker

moves to a new desk or believes they are suffering from a workstation-related injury/health issue.

Trigger for Consultation: The form requires the recording of the name of the HSR who has

been involved in the ergonomic assessment (Part A); and the development of

‘Controls/Actions’ (Part B).

The following text will be added to the introductory section of the checklist:

‘Note: If the worker is a member of a workgroup represented by a HSR, the HSR must, so far as is reasonably

practicable, be consulted during the ergonomic assessment and during any subsequent discussions regarding

control measures.’

8. Monitoring trends, issues and incidents in the external environment that may be relevant to the

health and safety of workers in SafeWork SA.

Managers, supervisors and workers, who become aware of issues in the external environment

which may affect the work health and safety of workers, must do one or more of the following:

raise the matter with their Manager, Director and/or HSR;

lodge a report about the issue on HIRMS; and/or

contact the WHS Co-ordinator to have the matter put on the agenda of the next

meeting of the WHS Committee.

Trigger for Consultation: The HIRMS system will automatically send an email to the relevant

Manager, HSR and the WHS Co-ordinator.

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3.2.2: Consultation Regarding Welfare Facilities

What section 49 of the WHS Act requires of SafeWork SA:

SafeWork SA must consult with workers [and their HSR/s] …

…(c) when making decisions about the adequacy of facilities for the welfare of workers;

Note: Under the WHS legislation, welfare facilities include: toilets, drinking water, hand washing facilities, dining

facilities, personal storage, change rooms, and showers

Key points from the Code: see Section 2.3 Making Changes < link >

SafeWork SA needs to consult on matters such as:

what facilities are required;

access to facilities; and

cleaning and maintenance of facilities.

If facilities are already provided, SafeWork SA must consult when considering any changes that

may affect the adequacy of those facilities.

How this is done at SafeWork SA

Problems with welfare facilities are usually identified through either:

ad-hoc complaints raised during any normal working day; or

scheduled activities such as Worksite Inspection or Internal Compliance Audits.

At Keswick:

Problems with the standard of cleaning or maintenance of welfare facilities can be reported by

writing a note in the cleaners feedback books located in kitchens on the 4th and 5th floors; or an

email of phone call direct to SafeWork SA Business Services.

Problems with adequacy of or access to welfare facilities can be:

reported by workers, managers or HSRs direct to SafeWork SA Business Services;

lodged via HIRMS or the SafeWork SA Corrective Action Plan; or

raised at team meetings or the WHS Committee meeting.

In Country Offices:

Problems with the standard of cleaning can be reported direct to the building owner or manager

by office staff. Problems with access to welfare facilities or their adequacy or maintenance can

be raised through the usual hazard reporting channels either direct by a workers or through their

Manager or HSR.

Field Work:

It is recognised that given the variable and often unpredictable nature of inspectorial work,

inspectors are permitted to use their initiative to access appropriate welfare facilities when out in

the field (for example stopping at a shopping centre to access public toilets.)

So far as is reasonably practicable, providing access to appropriate welfare facilities should be

one of the WHS-related issues consulted on when planning a corporate event or field-based

program (such as truck stops).

Irrespective of how an issue is identified, depending on the urgency and seriousness of

the matter, any concerns regarding welfare facilities should be either:

reported by workers, managers or HSRs direct to SafeWork SA Business Services;

lodged via HIRMS or the SafeWork SA Corrective Action Plan; or

raised at team meetings or the WHS Committee meeting.

15

Figure 1: Consultation Regarding Welfare Facilities

Problem with welfare facilities identified

Urgent Problems: Report to:

Keswick: Snr Admin Officer Building Management; or

Country offices - the building manager; or

Manager; or

the WHS Co-ordinator

Person with authority to fix the problem/Manager sends an email to the relevant workers and HSRs to advise them:

of the problem

any potential WHS implications for workers; and

the proposed course of action to fix it. Note: The email encourages workers to provide feedback via their Manager or HSR.

Non-urgent Problems: Report to:

Manager or HSR; or

via HIRMS (Note: Manager, HSR and the WHS Co-

ordinator receive automatic notification.)

If the problem impacts on multiple workgroups or poses a serious risk, it will be put on the agenda of the WHS Committee by the WHS Co-ordinator.

Feedback from consultative process is taken into account when:

deciding on the final action to be taken to rectify the problem; or

negotiating a suitable outcome with the Building Manager and/or other tenants.

An email is sent to the relevant workers, managers and HSRs, providing:

updates when significant progress is made; and

information on the final decision on how to fix the problem.

If the problem impacts on particular team or office consultation may also occur through:

Scheduled team meetings; or

A meeting convened by the Director, manager, HSR or Business Services

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3.2.3: Consultation When Planning for Change

What section 49 of the WHS Act requires of SafeWork SA:

SafeWork SA must consult with workers [and their HSRs] ….

(d) when proposing changes that may affect the health or safety of workers;

Key points from the Code: see Section: 2.3 Making Changes < link >

SafeWork SA must consult with its workers and their HSRs when planning to make changes that may

affect their WHS for example, when:

changing work systems such as shift, work rosters, work procedures or the work environment;

developing a new product or planning a new project;

purchasing different equipment or substances; or

restructuring the business.

How this is done at SafeWork SA

Many things can prompt decision makers in SafeWork SA to consider making changes to the systems of

work, work environment, or the plant, substances or facilities used. Such changes may be driven by:

budget cuts or changes in Government policy;

findings from the Coroner or Industrial courts;

feedback from customers;

changes in the legislation enforced and administered by the agency; or

the loss of experienced staff.

Sometimes SafeWork SA initiates change and other times it has change forced upon it.

Decision makers have a responsibility to consider if a proposal is likely to have an impact on the WHS of

workers in SafeWork SA. There will also be times when a proposed change may not initially be viewed as

having WHS implications. Workers who believe that they could be adversely affected by a proposed

change should raise any concerns they have with the decision maker and/or their Manager, supervisor

or HSR.

The triggers to help prompt the consultation during the change process include:

1. Proposals, Project and Procurement Plans

All papers to Executive seeking agreement to a proposed change to the systems of work, the work

environment or the plant, substances or facilities used will need to identify if the proposed change

could impact on the health and safety of staff, and if so:

who has been consulted, when and how;

what, if any, concerns were raised by workers and HSRs; and

how these concerns have been addressed in the proposal – and if not, why not.

Trigger for Consultation: All proposals, project and procurement plans are to include a

section with the following title and note: ‘Work Health and Safety Implications

NB: The Agreed Procedures for Consultation (WHS Act s47 (2)) must be followed if any proposed

change could impact on the health and safety of SafeWork SA staff.’

2. Team Meeting Agendas

All team meeting agendas already have WHS as a standard item.

Trigger for Consultation: Included under agenda item ‘WHS’ will be a sub-heading of:

Proposed changes – potential impact on team members.

3. Purchasing

Directors, managers and some supervisory and administrative staff have been delegated authority

to make purchases on behalf of SafeWork SA. The limit on the amount that can be spent varies

depending on the person’s role and position in the agency. This system allows for the purchase of

relatively minor goods or services to occur promptly and efficiently at an operational level with

decisions on major expenditure being determined at the Executive level.

17

In this way the system for managing purchasing is similar to the way in which health and safety is

managed, i.e. with corporate-wide/strategic decisions being made by Executive and each level of

line management making more localised and operational decisions.

The processes involved in the purchasing or procurement of goods and services for the Public

Sector are governed by the State Procurement Act 2004, together with a series of policies and

guidelines. The Risk Management Guideline of the State Procurement Board requires agencies to

ensure:

…appropriate communication and consultation is undertaken with internal and external

stakeholders (including end-users and suppliers) throughout the risk management process…

Each agency is expected to develop its own risk management framework and polices to guide the

risk management process within the context of its organisation.

Trigger for consultation: All purchasing procedures and associated forms used to authorise

the purchasing of plant, substances or facilities for staff will require financial delegates to

record if the proposed purchase could impact on the WHS of staff and, if so, the names of

the workers and HSR who have been consulted.

Procurement Plans A formal procurement plan must be developed for any ‘Major Expenditure’ i.e. purchases above

$11,000.

For example, consultation must occur prior to renewing the contract for vehicle lease with State

Fleet to ensure that the vehicles selected, include features that will minimise any risk to the health

and safety of the staff using them.

Trigger for consultation: The template for these plans will be amended as per point 1

above to ensure appropriate consultation occurs on every purchase that could impact

on WHS.

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Figure 2: Consultation When Planning for Change

Decision makers begin planning a change that could impact on the health and safety of worker/s in SafeWork SA

Workers and HSRs are to be given a ‘reasonable opportunity’ to consider the information presented and to express their views about the proposal. Such considerations may include:

discussing the issue with colleagues and their HSRs either informally, or at a specially convened meeting; and

exchanging information and views. Views should be expressed in a timely manner either verbally or in writing:

directly to the decision maker; or

indirectly and/or anonymously through their supervisor, manager, HSR or union.

(Note: Feedback provided in writing is less likely to get lost, forgotten or misconstrued)

Once a decision has been made, the decision maker must advise the HSRs, worker or workgroup. If a proposal has been discussed at the H&S Committee, the Committee should be briefed on the final outcome. If a worker or HSR asks to be advised of the decision in writing, then the decision maker must oblige*. If specific concerns were raised about the proposed change, the advice provided should:

address those concerns; and

help people understand the reasons for the decision. *Note this is only required if an issue has been resolved under the Issues Resolution process prescribed in Chapter 2, Part 2 of the WHS Act.

As early as practical in the planning process, the decision maker who will be making the final decision on the change will ensure that workers who could be affected and their HSRs are:

1. Provided with all the information needed to promote a well-informed and constructive discussion about the proposed change. The information should include:

what is being proposed and why;

how it may impact on WHS; and

what is being considered to minimise any negative impact on the workers.

2. Encouraged to ask questions, raise concerns and make suggestions.

One worker affected Options for information sharing &

consultation

Informal face-to-face meeting or phone call

Meeting with worker and HSR (unless worker does not want the HSR present).

Email to worker (copied to HSR if appropriate)

One workgroup affected Options for information sharing & consultation

Email to workgroup (including HSR or copied to HSR)

Direct discussions with the HSR

Discussion at team meeting (HSR to be present if possible)

Special meeting with work group (including HSR if possible)

Multiple workgroups affected Options for information sharing & consultation

Meeting/s with HSRs

Discuss at Team Meetings (HSR to be present if possible)

Special meeting/s with workgroups (including HSRs if possible)

Email to workgroups (copied to HSRs)

Discussions at the WHS Committee

Decision makers must consider the feedback from HSRs and workers before making their final decision. Any views relayed by the H&S Committee should also be considered.

19

3.2.4: Consultation When Developing or Changing Procedures

What section 49 of the WHS Act requires of SafeWork SA:

SafeWork SA must consult with workers [and their HSRs] ….

(e) when making decisions about the procedures for—

(i) consulting with workers; or

(ii) resolving work health or safety issues at the workplace; or

(iii) monitoring the health of workers; or

(iv) monitoring the conditions at any workplace under the management or control of the person

conducting the business or undertaking; or

(v) providing information and training for workers; or

(f) when carrying out any other activity prescribed by the regulations for the purposes of this section.

Key points from the Code: see Section: 2.4 Developing Procedures < link >

SafeWork SA’s procedures should:

be in writing;

set out the roles of HSRs and other parties; and

be easily accessible.

Issue resolution procedures must be consistent with the requirements of the WHS Act and communicated

to all workers.

How this is done at SafeWork SA

Most policies and procedures that impact on the health and safety of workers at SafeWork SA are

developed in-house as either Safe Wok Practices (SWPs); Standard Operating Procedures (SOPs); or

Operational Guidelines (OG). Model Operating Procedures (MOPs) are developed through Heads of

Workplace Safety Authorities (HWSA). MOPs are designed to encourage national consistency in the way

that model WHS Legislation is administered and enforced.

In order to ensure consistency and quality in the way that all of these WHS-related documents are

developed, SafeWork SA has established a Standard Operating Procedure (SOP) for the Preparation

and Review a Standard Operating Procedure, Model Operating Procedure, Operational Guideline and

Safe Work Practice (the Procedures SOP).

Under the Procedures SOP, if a procedure/guideline may have an impact on the WHS of workers at

SafeWork SA, consultation must occur with the relevant workers, HSRs and the WHS Committee as

required by the WHS Act.

Figure 3 illustrates the stages of the development/ review process described in the Procedures SOP

where such consultation will occur. In addition to this standard process the following triggers will be

introduced to encourage consultation.

Trigger for consultation: Team meetings Included under the standard agenda item ‘WHS’ will be the

following sub-heading: ‘Documents out for comment.’

Managers will be asked to ensure that at least one member of the team read the draft policy and is

prepared to give a brief overview of it at the team meeting to enable those at the meeting to

make comment, and/or decide if they wish to read the draft in more detail. Any team member or

HSR can ask the team manager to call a special meeting of the workgroup to discuss the draft.

Trigger for consultation: WHS Committee

The views of members of WHS Committee will be sought either by:

putting the draft procedure on the agenda of a Committee meeting;

calling a special meeting of the Committee to discuss the procedure; or

organising for feedback or endorsement out-of session.

In the first instance, the primary role of the WHS Committee will be to assist in identifying who’s WHS

may affected by the document – and therefore need to be consulted in its development/review.

20

When a final draft document has been prepared (following the consultative process), the WHS

Committee will be asked to endorse the draft, out-of session, ready for approval by Executive. The

WHS Committee should not need to discuss the document in detail at a Committee meeting;

provided the development/review has gone through the proper consultation process with the

relevant workers and HSRs involved. However, if any Committee member believes a draft

document should be discussed at a Committee meeting, the draft document will be placed on the

agenda of the next standard meeting or a special meeting called.

A WHS issues register has been established by the Operational Support Team (OST) for Managers

and workers to lodge any suggestions as to how the MOPs could be improved. The information

provided can be immediately considered at an agency level, and when a particular MOP

becomes available for evaluation as part of the national review process.

Triggers for consultation If a MOP under development/review has implications on the WHS of

SafeWork SA workers, the officer representing SafeWork SA will so far as is reasonable practicable

follow the consultation process outlined in the procedures SOP.

Once the MOP has been approved by HWSA and is ready for adaptation, any outstanding WHS

issues raised by SafeWork SA workers or HSRs will, so far as is reasonably practicable, be

addressed during the implementation of the MOP.

Like all other WHS-related procedures, any MOP with WHS implications will be referred to the WHS

Committee for endorsement prior to approval by Executive.

DPC WHS Standards

The Workplace Safety and Wellbeing Unit of DPC develop and review WHS-related standards that

apply to all business units with DPC, including SafeWork SA. The DPC has established the following

Committee structure to facilitate consultation on WHS matters, including the development of WHS

standards:

The SafeWork SA WHS Committee is a ‘Designated Local WHS Committee’. There are

management and worker representatives from SafeWork SA on the DPC Coordinating Committee

No.1 (CBD 1). These representatives receive an email whenever a DPC standard has been released

for consultation or review and has been posted on the DPC Social Text.

Trigger for consultation: Staff email. When a SafeWork SA representative on the CBD1 Committee is

advised that a DPC standard has been released for review; they will forwarded the email to the

WHS Co-ordinator. The WHS Co-ordinator will send an email to WHS Committee members and all

relevant Directors, managers, workers and HSRs, alerting them to the review and explain:

o how to access the document;

o the deadline for comment; and

o who to speak to for more information.

This email will encourage workers to discuss the draft document with their workmates, HSR and

manager/supervisor and provide feedback either to:

o DPC via Socialtext; or

o their HSR for inclusion in any submission they make on behalf of the workgroup; or

o their Manager or the WHS Co-ordinator for inclusion in any submission made by SafeWork SA.

DPC Consultative Committee

DPC Coordinating Committees

Designated Local WHS Committees

21

Figure 3: Consultation When Developing or Reviewing Procedures

Preliminary Research and drafting stage Author consults with the relevant manager with workers with expertise and/or knowledge

about the subject matter (including appropriate HSR/s)

Feedback considered and if necessary, do further research and consultation on any issues raised

First draft circulated via email for consultation to relevant directors, managers, workers and HSRs

Informal or formal consultation with workers & HSRs – feedback provided

Second draft prepared and circulated with email outlining key changes

Informal and/or formal discussions with workers & HSRs – feedback provided

Feedback considered and if necessary do further research and consultation on any issues raised

Final draft prepared along with a covering minute that includes information on who has been consulted and any changes requested that have not been made and why

Draft document referred to H&S Committee for endorsement either at a meeting or out-of session

Email to WHS Committee with final version ccd to those who have been involved in the

consultation process

Draft document referred to Executive for approval

Procedure identified for development or review and author allocated WHS Committee members notified and asked to indicate if the procedure is likely to impact

on the WHS of members of their workgroup/division and if so who should be consulted

Appendix A

Definitions

For the purpose of these procedures the key terms are defined below and highlighted in bold

throughout the text:

Code means the Work Health and Safety Consultation, Co-operation and Co-ordination Code

of Practice, December 2011.

Consultation no definition provided in the WHS Act or Code for further information see Section

1.4.

Decision maker means any person in SafeWork SA who has the authority to make decisions on

behalf of the PCBU on what, how and when work is done and includes members of Executive,

managers and supervisors.

Deputy HSR means a deputy health and safety representative who holds office pursuant to the

WHS Act. A Deputy HSR is a worker who has been elected by a group of workers within SafeWork

SA to represent them on health and safety issues in the absence of the HSR for that workgroup.

Note: If neither HSR is available, a HSR from another workgroup may be called upon to represent

the workgroup.

DPC means the Department of the Premier and Cabinet.

Health and safety matter means any work-related issue that is or could put at risk the safety,

physical health or psychological health of employees.

HIRMS means the Hazard and Incident Reporting Module System, which is the electronic system

established by DPC that should be used to report any accidents or incidents that occur and to

monitor the progress made in addressing them.

HSR means a health and safety representative who holds office pursuant to the WHS Act. A HSR

is a worker who has been elected by a group of workers within SafeWork SA to represent them

on health and safety issues.

PCBU means a ‘person conducting a business or undertaking’ as defined in section 5 of the WHS

Act.

Regulations means the Work Health and Safety Regulations 2012 (SA).

relevant information may mean one or more of the following:

the processes used by the officers and employees for accessing and considering

relevant information regarding controlling hazards and risks

up-to-date work health and safety ‘relevant information’ and the sources of that

‘relevant information’ relied on to control the hazards and risks associated with those

hazards

the stated nature of the operations and the hazards and risks associated with those

operations

up-to-date technical ‘relevant information’ and guidance about hazards, risks and risk

control measures and who is responsible

‘relevant information’ from hazard reports and risk assessments and suggested/proposed

controls

information on the roles and responsibilities of workers, officers, managers and other as in

the Act and Regs

SafeWork SA risk management principles and practices (COP)

relevant and contributing SafeWork SA/DPC health and safety policies and procedures

for preventing injuries

specific hazards and their sources,

the risks and possible effects and outcomes of proposed changes to the workplace,

systems of work, plant or substances

local and other external data on incidents, illnesses or injuries and their controls and

sources (TOOCS)

Roles and Responsibilities

workers roles and responsibilities as in the Act and Regs

officers roles and responsibilities as in the Act and Regs

managers actions and responsibilities as in the Act and Regs

others roles and responsibilities as in the Act and Regs

Risk Management Principles

SafeWork SA risk management principles and practices (COP)

relevant and contributing SafeWork SA/DPC health and safety policies and procedures

for preventing injuries

specific hazards and their sources,

the risks and possible effects and outcomes of proposed changes to the workplace,

systems of work, plant or substances

local and other external data on incidents, illnesses or injuries and their controls and

sources (TOOCS)

WHS Act means the Work Health and Safety Act 2012 (SA).

WHS Legislation means the combined requirements of the WHS Act and the relevant Regulations

and Code.

Worker means a person who carries out work for SafeWork SA as:

an employee irrespective of whether they are permanent, casual or on contract, and

whether they work full or part-time;

a contractor or subcontractor;

an employee of a contractor, sub-contractor or labour hire company;

an outworker;

an apprentice or trainee;

a student gaining work experience; or

a volunteer.

Appendix B

Extract: South Australian Public Sector Wages Parity Enterprise Agreement:

Salaried 2012

26. CONSULTATIVE PROCESSES

26.1 The parties commit to the following consultative principles.

26.1.1 Consultation involves the sharing of information and the exchange of

views between employers and persons or bodies that must be

consulted and the genuine opportunity for them to contribute

effectively to any decision making process. This includes consultation

with the applicable Union whose members are affected.

26.1.2 Employers and Agencies consult in good faith, not simply advise what

will be done.

26.1.3 It is an accepted principle that effective workplace relationships can

only be achieved if appropriate consultation between the parties

occurs on a regular basis.

26.1.4 Workplace change that will affect a significant number of employees

should not be implemented before appropriate consultation has

occurred with employee representatives.

26.1.5 Employee representatives will be given the opportunity to adequately

consult with the people they represent in the workplace, in relation to

any proposed changes that may affect employees’ working conditions

or the services employees provide.

26.2 In relation to significant issues of public sector wide reform, the CPSE

will consult with the “SA Unions” (i.e. formerly known as the UTLC) in

accordance with the above principles.

[Note]:

CPSE means Commissioner for Public Sector Employment

ULTC means United Trades and Labor Council ]

Appendix C

Extract from SafeWork Australia’s: Worker Representation and Participation

Guide

Section 4. FUNCTIONS AND POWERS OF HEALTH AND SAFETY REPRESENTATIVES

___________________________________________________________________________

The powers and functions of HSRs are to:

represent the workers in their work group in relation to work health and safety matters

monitor the measures taken by the PCBU to comply with the WHS Act in relation to their

work group members

investigate complaints from work group members about work health and safety

inquire into anything that appears to be a risk to the health or safety of work group

members, arising from the conduct of the business or undertaking.

In exercising a power or performing a function, HSRs may:

inspect the workplace where their work group works at any time after giving reasonable

notice to the PCBU

inspect the workplace where their work group works at any time without notice in the

event of an incident or any situation involving a serious risk to the health or safety of a

person emanating from an immediate or imminent exposure to a hazard

accompany an inspector during an inspection of any part of the workplace where their

work group works. Inspectors must, as soon as practicable after entering a workplace,

take reasonable steps to notify the relevant PCBU as well as any HSRs of the entry

attend interviews between one or more work group members and an inspector or the

PCBU. For example, interviews may be required after an incident has occurred, for return-

to-work purposes or as part of issue resolution processes. A HSR can only attend interviews

with the consent of the worker and the interview must be about work health and safety

matters

request the establishment of a HSC

receive information concerning the work health and safety of workers in the work group

whenever necessary, request the assistance of any person

in some circumstances, direct a work group member to cease unsafe work or issue a

Provisional Improvement Notice (PIN)

in some circumstances, request a review

of a control measure where the duty holder has not adequately reviewed the control

measure as required under the WHS Regulations.

DUTIES OF A PERSON CONDUCTING A BUSINESS OR UNDERTAKING

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A PCBU must provide any resources, facilities and assistance that are reasonably necessary to

enable the HSR to carry out functions and exercise their powers.

What is reasonable in the particular circumstances will depend on a range of factors, including

the nature of the work and the working environment, the workplace hazards and the

composition of the work group. Resources, facilities and assistance may include:

access to a private room, desk and chair for discussions or interviews

a computer with internet and email access

access to a telephone

facilities for photocopying and filing, including a lockable filing cabinet and shelves

access to a room for work group meetings

access to relevant technical equipment, for example, a noise meter

the use of notice boards

if required, transport or travel expenses to commute between workplaces.

A PCBU has the following obligations to HSRs:

to consult, so far as is reasonably practicable, with HSRs on work health and safety

matters at the workplace

to confer with a HSR, whenever reasonably requested by the representative, to ensure

the health and safety of the work group workers

to allow a HSR access to information that the PCBU has relating to hazards and risks

affecting the health and safety of the workers in the work group

to allow a HSR access to information relating to the health and safety of the work group

workers

to allow HSRs to attend interviews concerning work health and safety between one or

more workers (with their consent) and an inspector or another person conducting the

business or undertaking at the workplace (or their representative). The HSR should be

informed of any such interview and the HSR and worker may wish to consult before and/

or after the interview.

to provide their HSRs with resources, facilities and assistance that are reasonably

necessary to enable the HSR to exercise their powers and perform their functions under

the WHS Act

to allow a person assisting a HSR to have access to the workplace if it is necessary to

enable the assistance to be provided

to permit the HSRs to accompany an inspector during an inspection of any part of the

workplace where a member of the HSR’s work group works

to provide any assistance to the HSR required by the WHS Regulations

to allow the HSR as much time as is reasonably necessary to perform their powers and

functions under the WHS Act

to pay HSRs performing their role the same amount they are entitled to receive when

performing their normal duties.

Section 6. HEALTH AND SAFETY COMMITTEES

HSC functions include:

facilitating co-operation between the PCBU and workers to instigate, develop and carry

out measures to secure the work health and safety of workers

assisting in developing health and safety standards, rules and procedures that will be

followed or complied with at the workplace

other functions agreed by the PCBU and members of the HSC.

For example, a HSC can be involved with:

the formulation of agreed procedures, such as issue resolution procedures and the

committee’s own procedures

analysing reports of hazards, work-related incidents and statistical trends, so that reports

can be made to management

making recommendations for corrective action

examining health and safety audit or monitoring reports

considering reports and information provided by inspectors

considering reports that HSRs may wish to submit

developing procedures for selecting new plant for the workplace

assistance in the development of safe working procedures

linking with workers’ compensation and return to work programs

the selection of consultants.

SHOULD A PCBU ALLOW HSC MEMBERS TO ATTEND HSC MEETINGS AND CARRY OUT THEIR

FUNCTIONS?

Yes.

PCBUs must allow each member of the HSC to spend the time that is reasonably necessary to

attend HSC meetings or to carry out functions as a member of the HSC.

There may be times when a HSC is busier than usual and will require more time to carry out the

functions of a HSC. For example, when an organisation merges with another, the committee

may require time to revise health and safety standards, rules and procedures.

HOW CAN MANAGERS EFFECTIVELY SUPPORT HSCS?

The effectiveness of a HSC will depend on a number of factors. Significant among these will be

the degree of co-operation the committee has been able to develop and the respect with

which the workplace parties, especially the chief executive officer and management team,

view the committee’s work. The following activities could assist in maintaining the drive of a

committee’s work:

regular meetings with effective publicity of the committee’s discussions and

recommendations

speedy decisions by management on the HSC’s recommendations and, where

necessary and appropriate, prompt action with effective publicity

mechanisms for ensuring all workers are informed about and support the committee

setting priorities and monitoring results.

Good communication between the committee, management and workers will also contribute

to the effectiveness of the HSC. For example, outcomes of the meetings might be placed on

prominent notice boards and verbal briefings or emails organised by the HSRs to update

workers. If appropriate, the committee will need to determine what languages are spoken in

the workplace to ensure that information is provided in multilingual form where necessary.

In addition, there should be a genuine desire on the part of management to draw on the

knowledge and experience of workers and to improve the standards of health and safety at

the workplace.

Worker representatives and/or HSRs should be given time during work hours to prepare for and

attend committee meetings and for reporting the outcomes to other workers and HSRs in the

workplace.