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Health & Safety in the Workplace

The NTEU needs to ensure that OHS is integrated into its day-to-day industrial activities.  Branches can assist in this by establishing connections with health and safety representatives, and taking an interest in issues being dealt with by the institution’s health and safety committee(s).

What follows is a checklist for Branches reviewing their OHS capacities.

Resources

  • The Branch should hold a library of basic OHS information, including a copy of the Occupational Health and Safety Act 2004. Some Branches may also want to get a copy of the Dangerous Goods Act.
     
  • There are a number of Regulations and Codes under the Act. Essential among these are the Hazardous Substances, Issue Resolution and Manual Handling Regulations, and the following Codes: First Aid in the Workplace; Hazardous Substances; Manual Handling; Workplace (matters covered include dining areas, washing facilities, drinking water, the workplace environment [heating, cooling], and lighting).
  • There is also a Guidance Note that all Branches should have: Prevention of Bullying and Violence at Work.
  • To obtain the Act or Regulations contact Information Victoria on 1300 366 356.
  • Codes and Guidance Notes are available free from WorkSafe.  Ring 9641 1444 or contact www.workcover.vic.gov.au
     
  • Other useful WorkSafe publications that are available at no cost include:
    • Summary of the OHS Act 2004
    • The Getting Started with Workplace Health and Safety series
    • Officewise - A Guide to Health and Safety in the Office
    • WorkSafe Victoria Inspectors.

Introducing WorkCover – a Guide for Injured Workers can also be obtained from WorkCover.

  • The Division website includes these fact sheets:
    • Workers Compensation (WorkCover)
    • WorkCover – Stress Claims
    • What Should Happen When I Lodge and Incident Report?
    • Superannuation Disability Benefits.
  • The Victorian Trades Hall Council has set up a great, interactive website for OHS reps: www.ohsrep.org.au.  Visit it and subscribe to the free e-newsletter, SafetyNet. 
  • The site also has advice about the rights of reps, along with hazard information, legislation details, links to other useful sites, and answers to common questions.  And if a rep cannot find an answer to their question on the site they can ask it and receive a personal response.
  • Many institutions have their own health and safety manual. Arrange to be given a copy (and to receive the updates!).
  • Branches should also be aware that the Division can assist with health and safety concerns. The initial contact should be the Industrial Officer, who will work with the health and safety representative where this is appropriate. 

Election of Health and Safety Representatives

  • The OHS Act provides for workplaces to be divided into ‘designated work groups’ (DWGs).  The composition of the DWGs is determined by negotiation between the employer and the employees.
     
  • When a DWG is established all the employees are entitled to vote in an election for a health and safety representative(s) or deputy for their DWG.
  • The 1985 OHS Act specifically provided for unions to conduct the election.  It now simply refers to members of the DWG.  However, they can seek the assistance of their union. 
  • The Branch should play an active role in the elections where members desire this.  It is possible for the Branch to negotiate for the institution to assist with the administrative details, whilst taking enough control to ensure that the elected reps are conscious that they are employee representatives, and not extensions of management’s OHS responsibilities.

NB: the OHS Act does not give employers ANY role in the election of health and safety reps.

  • Health and safety representatives should be made aware of the services the union can provide, including, where appropriate, taking their issues forward to the Victorian Trades Hall Council’s OHS Committee.
  • The VTHC also conducts accredited training courses for health and safety representatives.  All health and safety representatives are entitled to paid leave to attend accredited courses.  For the program details and advice about the rights of reps to attend courses, see www.vthc.org.au

Employer Representatives

  • The employer is also required to nominate someone to represent them in relation to the resolution of OHS issues.  That person must have an appropriate level of seniority and be sufficiently competent.  The WorkSafe website includes a checklist of competencies for employer representatives.
  • It is also the employer’s responsibility to ensure that an up to date list of DWGs is displayed prominently.  The list should include details of the health and safety representative and the employer representative for each DWG.
  • The WorkSafe website contains ‘Information for Senior Officers of Organisations’.  Senior Officers should know what their own and their organisation’s OHS obligations are and how they are managed.  Their duties include allocating financial and physical resources to ensure compliance with the OHS Act, and employing sufficient numbers of qualified and competent people to advise on OHS. 

A comprehensive list of duties is included on the WorkSafe website.  

Liaison with Health and Safety Representatives

  • Branches should establish a system of liaison with health and safety representatives, both to support the reps, and to enable the Branch to keep reps informed about union policies.  One way to do this is to have a ‘liaison’ rep attend all Branch meetings (you may already have a rep amongst your elected committee members).
  • Branches should also establish a database of health and safety representatives (union and non-union) so that they can readily keep in touch with reps – both to offer support, and to keep abreast of issues concerning members.
  • Health and safety should be a standing agenda item for Branch committee meetings, and the liaison rep should be invited to provide a report.  This should include the tabling of any minutes and other papers from the health and safety committee(s).
  • Similarly, the rep should have the opportunity to comment on the OHS implications of all matters being considered by the Branch.
  • The Branch may wish to offer health and safety representatives its assistance in the conduct of surveys or other activities that reps may undertake. 

Issue Resolution

  • The OHS Act and its Issue Resolution Regulations set out a procedure to be followed in resolving health and safety issues. They provide for a step-by-step approach that enables a speedy and effective resolution of OHS concerns.
  • This is why the issue resolution procedures of the OHS legislation should always be used to resolve health and safety issues, in preference to negotiations conducted outside the OHS Act.
  • Health and safety representatives should insist that issues are dealt with within the DWG using the provisions of the OHS Act. They should not be diverted to a health and safety committee.

Health and Safety Committees

  • The liaison rep should be a member of the institution’s health and safety committee, and should provide a report to the Branch on the deliberations of the committee.
     
  • Members of a health and safety committee should be encouraged to caucus before committee meetings. It may be appropriate to offer them the Branch office as a venue for the caucus.
  • Health and safety committees should not spend their time on day-to-day issues that can be dealt with at the workplace. They should be a vehicle for developing policies and safe systems of work, and analysing accident and injury statistics, including returns to work, and determining action.
  • The Branch can assist by encouraging all health and safety representatives to seek appropriate training about their role, and that of the committee.
  • The Branch should also consider significant reports going to the health and safety committee. This should include statistics and reports about accident/injury trends, and WorkCover claims.
  • The Branch should seek to be placed on the mailing list for minutes and papers issued by the committee.

Incident Reports

  • All Branch officers from whom members may seek advice about an injury at work - including stress - should know that it is essential for the injured member to complete an incident report. 
  • Members should report an injury ‘within 30 days’ of becoming aware of it to ensure that they retain their entitlement to workers compensation (WorkCover). 

Note: stress and other gradual onset injuries such as occupational overuse are not exempted from this requirement (Accident Compensation Act 1985).

  • It would be helpful if Branches obtained copies of the report form used in their institution (variously called hazard/injury/accident/incident report) so that they can provide it to members (or be able to locate it on the institution’s website). 

Note: the employer ‘must acknowledge in writing the giving of notice of an injury’ (AC Act).

(Members who have suffered an injury should be referred to the Division’s Information and Welfare Officer for advice about their WorkCover entitlements - and more importantly, how to get them.)

For questions, advice or comments about information in this checklist, please contact the Division office.

25 May 2006                                                                                      


Further information:


Health and Safety in the Workplace Download the information sheet in PDF format. 

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