Related links
Overview of the Relevant Legislation
Summary of Consultative Provisions
Designated Work Groups
Role of Health and Safety Representatives
HSR Training Courses
Health and Safety Representatives : Summary of Consultative Provisions
Clause 9 of Schedule 3 of the OPA assigns legal OHS duties to the registered facility operators. Clause 9(1) establishes an overriding duty to "take all reasonably practicable steps" to ensure that the facility, and all work and other activities carried out on the facility, are safe and without risk to the health. Clause 9(2) then clarifies that this must include, but is not limited to, the matters listed in paragraphs (a) to (i).
Paragraph (i) is particularly relevant to consultation. It requires the registered facility operator to "develop, in consultation with members of the workforce and the workforce representative (if applicable), a policy, relating to OHS, that will enable the operator and the members of the workforce to cooperate effectively in promoting and developing measures to ensure the OHS of persons at the facility, and provide adequate mechanisms for reviewing the effectiveness of the measures".
This duty to consult exists in all cases. If there is an OHS Committee, then this would be the natural place for the operator to conduct the consultation. If there are HSRs, but no committee, then the operator would most likely consult through the HSRs. However, if there is no committee and no HSRs the operator is still obliged to consult the workforce. To facilitate consultation in such cases any member of the workforce may request the assistance of a "workforce representative", which the law defines as a registered organisation of which the member of the workforce is entitled to be a member.
Clause 9 goes on to explain that the OHS policy must "provide for the making of an agreement" between the operator, the members of the workforce and (if requested) any workforce representative. The agreement must in turn "provide appropriate mechanisms for continuing consultation" and "provide for such other matters as are agreed between the parties".
top