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![[Undergraduate Handbook]](http://www.unimelb.edu.au/img/sitebar/fill.gif){kind=small} |
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ENVIRONMENT HEALTH AND SAFETY MANUAL - NEW 8. CONSULTATION, COMMUNICATION & REPORTING [Implementation] |
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[Prev: 7. TRAINING & COMPETENCY [Implementation]]
[Next: 9. DOCUMENTATION [Implementation]]
- 8.1. New. CONSULTATION
- 8.1.1. New. PURPOSE
- 8.1.2. New. SCOPE
- 8.1.3. New. DEFINITIONS
- 8.1.4. New. PROCEDURE
- 8.1.5. New. REFERENCES
- 8.1.6. New. DOCUMENT CONTROL
- 8.2. New. OHS ISSUE RESOLUTION
- 8.2.1. New. Purpose
- 8.2.2. New. Application
- 8.2.3. New. Legislation
- 8.2.4. New. References
- 8.2.5. New. Responsibilities
- 8.2.6. New. Procedure and Guidelines
- 8.2.7. New. Document Control
- 8.3. New. EHS COMMUNICATION
- 8.3.1. New. PURPOSE
- 8.3.2. New. SCOPE
- 8.3.3. New. DEFINITIONS
- 8.3.4. New. PROCEDURE
- 8.3.5. New. RESPONSIBILITIES
- 8.3.6. New. REFERENCES
- 8.3.7. New. DOCUMENT CONTROL
- 8.4. New. Not in Use
- 8.5. New. EHS REPRESENTATION AND EHS COMMITTEES
- 8.5.1. New. PURPOSE
- 8.5.2. New. SCOPE
- 8.5.3. New. DEFINITIONS
- 8.5.4. New. PROCEDURE
- 8.5.5. New. REFERENCES
- 8.5.6. New. DOCUMENT CONTROL
To describe the consultative arrangements between staff and management for Health and Safety at the University of Melbourne in accordance with legislative requirements.
This procedure applies to all staff and students at all of the University of Melbourne's campuses and each of the University's controlled entities.
In the event of an unresolved Health and Safety issue, this procedure should be read in conjunction with the Section 8.2.New. OHS Resolution Procedure.
Consultation
Consultation is a process that encompasses:
sharing of information in a timely manner; and
providing a reasonable opportunity for participants to express their views and provide feedback to the decision makers; and
decision makers taking into account the participants' views prior to making a decision
Consultation does not necessarily result in agreement between the participants and the decision makers.
Management Representative
A management representative is a local manager, senior manager or executive with specific environment, health and safety responsibilities and accountabilities. The functions and actions resulting from these responsibilities and accountabilities may be delegated, however ultimate accountability can not be delegated to others.
The Vice Chancellor, Provost, Deputy Vice Chancellors, Pro Vice Chancellors, Deans, Vice Principals, Directors, General Managers, Heads of Department and Departmental Managers are management representatives.
A Dean or Vice Principal may nominate other management representatives.
HSR and DHSR can not be management representatives.
Health and Safety Representatives (HSR)
A Health and Safety Representative is an employee or contractor elected by members of a Designated Work Group (DWG) to represent the members of the DWG in Occupational Health and Safety matters. Employee Health and Safety Representatives have powers under the Occupational Health and Safety (OHS) Act 2004.
Deputy Health and Safety Representatives (DHSR)
A Deputy Health and Safety Representative is an employee or contractor elected by members of a Designated Work Group (DWG) to represent the members of the DWG in Occupational Health and Safety matters. Deputy Health and Safety Representatives have powers under the Occupational Health and Safety (OHS) Act 2004 that may be exercised in the absence of a HSR.
Designated Work Group (DWG)
A Designated Work Group (DWG) is a group of employees1 who share similar workplace concerns and who experience similar health and safety conditions. One of the main functions of a DWG is to elect Health and Safety Representatives (HSRs). A HSR is a person from a work group who has been elected by their co-workers to represent them on OHS issues.
Not all workplaces are the same, so the size, number and make-up of DWGs will vary.
The University of Melbourne shall consult with employees2 in decisions in relation to matters the University of Melbourne has, or should have, control over, which affect their health and safety. Consultation shall be undertaken with these parties in making decisions about the following health and safety matters:
Proposed changes that may affect employees' health and safety, including changes to:
the workplace;
plant, substances or other things;
the conduct of works
Making decisions about procedures to:
Resolving health and safety issues
Consultation arrangements
Monitor employees' health and workplace conditions
Provide training and information
Hazard Identification
Risk Assessment
Risk Control
Making decisions about the adequacy of facilities for employee welfare
Determining the membership of any health and safety committee
Consultation shall be facilitated through the following arrangements:
Establishment of DWGs
Employee representation (elected HSRs and elected DHSRs)
University Occupational Health and Safety Committee
Budget Division (Faculty) EHS Committees
Local EHS Committees
Staff meetings
Local consultation (facilitated by supervisors and managers)
Consultation with employees must involve:
Sharing information about the OHS matter;
providing a reasonable opportunity for these parties to express their views about the OHS matter; and
taking into account those views prior to making a decision.
Involvement of HSRs in consultation
Where employees3 are represented by a HSR, the HSR must be involved in the consultation, with or without the involvement of the other employees.
How the HSR will be involved in consultation
providing the HSR with all of the information about the matter that the supervisor provides, or intends to provide, to the other employees; and
unless it is not reasonably practicable to do so, providing that information to the HSR a reasonable time before providing the information to the other employees; and
inviting the HSR to meet with the supervisor to consult about the matter; and
if the invitation is accepted, or if otherwise requested by the HSR, meeting with the HSR to consult about the matter; and
giving the HSR a reasonable opportunity to express his or her views about the matter; and
taking into account the HSR's views about the matter.
Supervisors are not obliged to agree with the views of the HSR or other employees; however the supervisor must take their views into account.
Supervisors should maintain a written record of the local consultation with employees in their work area. The written record should include:
date of consultation
name of those consulted
record of matters raised
OHS Act 2004
SafetyMAP - Version 4
ISO 14001:2004 Environmental management systems - Requirements with guidance for use
AS/NZS 4801:2001 Occupational health and safety management systems - Specification with guidance
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The following action sequence is to be used where health and safety issues can be resolved in a cooperative manner. Environment, Health and Safety Officers and/or the EHS Unit may be requested to participate in issue resolution discussions and to provide advice and assistance on appropriate methods for control of identified hazards.
These procedures should be read and understood to comply with the requirements of the Occupational Health and Safety Act 2004 and in no way override the rights and obligations of elected Health and Safety Representatives under the relevant legislation. Using the steps outlined, the majority of safety issues should be capable of immediate and preferably local resolution using line management and stopping at Step 3.
Occupational Health and Safety Act 2004
Appendix B of the EHSM, Elected Health and Safety Representatives Listing
The Head of Department must respond to requests for issue resolution within 5 days.
The Local Area Supervisor must respond to requests for issue resolution within 5 days.
Refer to Section 8.5.New.EHS Representation and EHS Committees.
Step 1. The elected Health and Safety Representative/Employee identifies a safety issue or problem in his/her designated work group. Note that the matter may have been referred initially to the representative by another staff member or Health and Safety Representative from another work group.
Step 2. The Health and Safety Representative/Employee brings the matter to the attention of the supervisor of the work area involved (e.g. laboratory supervisor or workshop manager) by the use of an 'Incident Report Form (S3)'. The representative may also seek advice from, and request the involvement of either local or EHS Unit Environment, Health and Safety Officers. The supervisor of the work area may also seek advice from the EHS Unit upon receipt of the Incident Report Form (S3).
Step 3. If, within 5 working days or less, the supervisor and representative can reach agreement on the means to deal with the concerns raised, the matter is then regarded as satisfactorily resolved at the local level. Satisfactory resolution would include immediate settlement of this and any related concerns as well as an agreed plan and timetable for future action if immediate action is not possible.
Step 4. If, however, the representative and the supervisor cannot satisfactorily resolve the issue at the local level and the representative believes that the issue should be pursued, the representative should refer the issue involved to the head of department responsible for the workplace in question. At this stage, the Health and Safety Representative should formally advise the EHS Unit.
Step 5. The head of department, representative and a member of EHS Unit then engage in an attempt to reach agreement in a satisfactory resolution of the issue within 5 working days. If the head of department is not able to take part, for some reason, (and this would be seen as an exceptional instance) an appropriate nominee with the delegated authority to commit the department to any consequential undertaking may be nominated. Again, satisfactory resolution includes immediate settlement or an agreed plan of future action.
Step 6. If no satisfactory resolution can be reached at Step 5 that resolves the issue, then the Health and Safety Representative should further investigate the issuance of a formal Provisional Improvement Notice as defined in OHS Act section 60.
Step 7. The employee(s) are to be informed of the agreed corrective action and timeframe.
However, there may be circumstances where a definite and immediate safety hazard is perceived, and the issue is considered urgent and serious. In this case, the Health and Safety Representatives will inform the supervisor of the area who should call an immediate halt to the work whilst the issue is investigated.
In the event the supervisor fails to agree about the degree of risk present or the supervisor is not available, the Health and Safety Representative will direct affected employees to withdraw from the alleged hazard having regard to the health and safety of others and will then inform the appropriate manager of the actions that have been taken pending a full investigation. The Health and Safety Representative will immediately inform the EHS Unit of the action taken and the sequence of events listed above will start at Step 4.
Work will not resume until it has been agreed that the hazard has been controlled and no longer presents an unacceptable risk to the safety and health of employees. Alternative duties may be found for those members of staff affected, but no pay will be lost in the event of a demonstrated safety hazard having been detected.
A written report of the situation and the actions taken should be prepared by the Area Supervisor, and where appropriate the Health and Safety Representative, for the Occupational Health and Safety Committee and the Environment Health and Safety Unit.
Identified hazards should be controlled using the recognised hierarchy of controls:
Control of process
Elimination
Substitution
Isolation
Engineering control
Control of person
Safe work practices
Personal Protective Equipment and Clothing
The following are a list of categories for reporting incidents and near misses:
* Equipment
maintenance, design, failure, location, personal protective equipment
* People
alcohol, drugs, physical condition, training, induction, criminal acts, fatigue
* Procedures
supervision, safe work procedures, maintenance, emergency response, purchasing, sales, non compliance, lack of procedures
* Manual Handling
repetition, extreme force, prolonged posture, nature of object, work schedule
* Environment
road conditions, workplace layout, barriers, isolation, weather, housekeeping
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To ensure effective and appropriate EHS information is disseminated and communicated to the University of Melbourne's employees, students and other interested parties.
This procedure applies to all staff and students at all of The University of Melbourne's campuses and each of the University's controlled entities.
A local Environment Health and Safety Committee that may report to the OHSC.
State and Commonwealth regulatory authorities such as the Victorian WorkCover Authority (VWA), the Victorian Department of Human Services (DHS), the Victorian Environment Protection Authority (EPA), the Commonwealth Department of Foreign Affairs and Trade (DFAT), and the Commonwealth Department of Heritage and Environment that govern legal compliance requirements associated with environment, health and safety.
The General Manager Environment Health and Safety shall develop, maintain and publish University-Wide EHS Communication Guidelines.
University-Wide EHS Communication shall provide processes for internal and external communication relevant to Safety MAP and ISO 14001 including:
minutes from the Environment Advisory Committee (EAC) and the OHSC;
statistical information pertaining to Faculty/Budget Divisions;
compliance information, including requirements and amendments, from regulatory bodies; and
other information that may increase EHS awareness, compliance and decrease adverse incidents.
[LINK pending - University-Wide EHS Communication Guidelines]
Heads of Departments/Schools shall ensure that EHS information is made available and disseminated to all staff and students including:
identified health and safety risks and controls;
identified environmental risks and controls;
outcomes of incidents that may impact on the health and safety;
minutes of Department/School Environment Health and Safety Committees;
processes that enable safe work practices in local areas;
information disseminated by the General Manager Environment, Health and Safety;
risk registers; and
management plans (EHS).
Heads of Departments/Schools shall employ methods of communication that are suitable to the type and intent of the information being disseminated. To provide assistance with this process The Faculty/Budget Division EHS Communication Guidelines shall be developed, maintained and published by the General Manager Environment Health and Safety.
[LINK pending - Faculty/Budget Division EHS Communication Guidelines]
Faculties/Budget Divisions EHSC may share EHS information with other interested parties at the University of Melbourne, either:
directly to another area of the University; and/or
indirectly via the OHSC/EAC.
General Manager, Environment Health and Safety
Heads of Departments/Schools
Occupational Health and Safety Act 2004 (Victoria)
SafetyMAP Initial Level Use Guide, 4th Edition
AS/NZS 4801:2001 Occupational health and safety management systems - Specification with guidance for use ISO 14001: 1996 Environmental management systems - Specification with guidance for use
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To describe the arrangements for employee and management representation for environment, health and safety matters between staff and management at the University of Melbourne in accordance with legislative requirements. These arrangements include the processes to facilitate the establishment or alteration of Designated Work Groups and to provide for the appointment of Management Representatives and Staff Environment Advocates. The procedure also provides guidance on the composition, operation, function and objectives of Budget Division (Faculty) and local EHS Committees.
This procedure applies to all staff and students at all of the University of Melbourne's campuses and each of the University's controlled entities.
The Occupational Health and Safety Committee is a representative consultative committee reporting to the Planning & Budget Committee through the Risk Management Committee.
The Risk Management Committee is a sub-committee of the Planning and Budget Committee responsible for the identification and development of policies and advice to eliminate or control risks faced by the University of Melbourne in non-financial areas.
A management representative is a local manager, senior manager or executive with specific environment, health and safety responsibilities and accountabilities. The functions and actions resulting from these responsibilities and accountabilities may be delegated, however ultimate accountability can not be delegated to others.
The Vice Chancellor, Provost, Deputy Vice Chancellors, Pro Vice Chancellors, Deans, Vice Principals, Directors, General Managers, Heads of Department and Departmental Managers are management representatives.
A Dean or Vice Principal may nominate other management representatives.
HSR and DHSR can not be management representatives.
A Health and Safety Representative is an employee elected by members of a Designated Work Group (DWG) to represent the members of the DWG in Occupational Health and Safety matters. Employee Health and Safety Representatives have powers under the Occupational Health and Safety (OHS) Act 2004.
A Deputy Health and Safety Representative is an employee elected by members of a Designated Work Group (DWG) to represent the members of the DWG in Occupational Health and Safety matters. Deputy Health and Safety Representatives have powers under the Occupational Health and Safety (OHS) Act 2004 that may be exercised in the absence of a HSR.
A Designated Work Group (DWG) is a group of employees4 who share similar workplace concerns and who experience similar health and safety conditions. One of the main functions of a DWG is to elect Health and Safety Representatives (HSRs). A HSR is a person from a work group who has been elected by their co-workers to represent them on OHS issues.
Not all workplaces are the same, so the size, number and make-up of DWGs will vary.
A Staff Environment Advocate (SEA) is an employee nominated to represent other employees in environmental management matters. The SEA also acts as an advocate for the implementation of environmental management programs throughout the workplace.
Establishment and/or Alteration of Designated Work Groups
Through existing agreements between staff and the University, Designated Work Groups are in effect throughout the University.
The General Manager EHS or nominee shall maintain and publish on the EHS website, a register of DWGs. This list shall include:
Scope of the DWG
HSR(s)
DHSR(s)
Management EHS Representative
Staff Environment Advocates
Employees may request the General Manager EHS to establish or vary DWGs in accordance withthe OHS Act 2004.
The University of Melbourne may initiate negotiations with staff to establish or vary DWGs, in accordance with the OHS Act 2004.
The General Manager EHS, or nominee, shall be the only management representative of the University authorised to negotiate the establishment or variation of DWGs.
All other management representatives shall immediately notify the General Manager EHS, if requested by any staff member(s) to establish or vary DWGs.
The General Manager EHS shall, within 14 days of being notified of a request to establish or vary a DWG, commence negotiations with the employee and consult the management representative(s) regarding the establishment or variation to DWGs.
In negotiations concerning a DWG, a staff member(s) may be represented by any person authorised by the employee.
The General Manager, EHS shall update the University's register of DWGs upon any agreement to alter the DWG, including the number of HSRs or DHSRs.
Election of Employee Health and Safety Representatives
Members of each DWG may determine how an election is to be conducted in their DWG.
Any member of a DWG may request advice on the conduct of an election from the General Manager EHS or delegate, WorkSafe or other representative.
If the members of the DWG do not reach agreement within a reasonable time (two weeks, in most cases), any member of the DWG may request the assistance of a WorkSafe inspector.
A HSR and DHSR shall cease to hold office if:
they leave the DWG
they are disqualified
they resign by providing written notice ot the General Manager EHS
after holding office for at least twelve months, a majority of the members of the DWG resolve in writing that the HSR should no longer represent the DWG (and advise the General Manager EHS of the resolution in order to update the University's register of DWGs)
the DWG is varied by agreement (or by determination by a WorkSafe inspector) and the variation includes a spill of the existing position(s)
Role of a Health and Safety Representative
Represent the members of the DWG concerning health and safety matters.
Monitor OHS measures taken by the University to comply with the OHS Act 2004.
May enquire into matters that may impose a risk to the health and safety of any members of the DWG.
Attempt to resolve OHS issues concerning members of the DWG.
Powers of Employee HSR within the DWG
To inspect the workplace after giving notice to the management representative or after an incident involving an immediate risk to health or safety.
May accompany a WorkSafe Inspector during an inspection.
May be present at an interview regarding health and safety between a member of the DWG and a WorkSafe Inspector or a member of the DWG and a management representative if the member of the DWG agrees.5
When necessary, seek the assistance of any person.6
A HSR may, after consultation (which may include utilising the University's agree OHS Issue Resolution Procedure) with the management representative about remedying an alleged breach of the OHS Act 2004, issue a provisional improvement notice (PIN) requiring the University to take specific actions.
A HSR may, after consultation with the local supervisor, direct work to cease where the nature and degree of the health and safety risk results in an immediate and serious threat to the health and safety of any person.
Appointment of Staff Environment Advocates
The Dean, Vice Principal or nominee appoints Staff Environment Advocates.
Role of Staff Environment Advocates
A Staff Environment Advocate (SEA) is an employee nominated to represent staff in environmental management matters. The SEA also acts as an advocate for the implementation of Environmental Management programs throughout the workplace.
Budget Division (Faculty) EHS Committee
The Dean or Vice-Principal of each Budget Division (Faculty) shall establish an EHS committee in accordance with the Budget Division (Faculty) EHS Committee Terms of Reference.
BUDGET DIVISION (FACULTY) EHS COMMITTEE TERMS OF REFERENCE
Local EHS Committees
Where the assessed health & safety risk is high or where there are sufficient staff members to support a dedicated local consultative EHS Committee, the Budget Division (Faculty) EHS Committee may establish local consultative EHS Committees in accordance with the Local Consultative EHS Committee Terms of Reference.
LOCAL CONSULTATIVE EHS COMMITTEE TERMS OF REFERENCE
Staff Meetings
Where the assessed health & safety risk is low or where there are insufficient staff members to support a dedicated local consultative EHS Committee, local supervisors and managers may include the agenda items of the local health and safety committee in other staff meetings and forums.
OHS Act 2004
OHS Regulations 2007
SafetyMAP - Version 4
ISO 14001:2004 Environmental management systems - Requirements with guidance for use
AS/NZS 4801:2001 Occupational health and safety management systems - Specification with guidance
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Independent contractors and their employees are not members of a DWG. Negotiations, agreements and/or determinations to establish or alter a DWG may establish if a HSR will represent independent contractors and/or their employees. |
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Including HSRs where staff are represented by HSRs |
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And/or independent contractors or their employees |
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Independent contractors and their employees are not members of a DWG. Negotiations, agreements and/or determinations to establish or alter a DWG may establish if a HSR will represent independent contractors and/or their employees. |
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If the HSR also represents independent contractors or their employees, then the HSR may be present at an interview regarding health and safety between the independent contractor or contractor's employees and a WorkSafe Inspector or a management representative, if the independent contractor or contractor's employee agrees. |
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A supervisor or manager may refuse access to a University workplace to a person assisting a HSR if that person has insufficient knowledge of occupational health and safety. Such a refusal may be the subject of an appeal by the HSR to the Magistrates Court |
[? Search] [Top] [Contents]
[Prev: 7. TRAINING & COMPETENCY [Implementation]]
[Next: 9. DOCUMENTATION [Implementation]]
Created: January 2000
Last Modified: 24 September 2008
Authorised by: General Manager, Environment Health and Safety Unit.
Maintained by: EHSM Maintainer ehsm-webmaster@unimelb.edu.au
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