5. Metodología
6.3 Labor desarrollada en la Localidad de Olmué
Within the context of the responsibilities outlined in OHS Responsibilities of XYZ General Manager (page 6.01-1), the General Manager:
• must ensure the provision of, and allowance for, financial capital and time toward the canvassing of all persons likely to be affected by XYZ activities and who may wish to comment on the OHS issues arising from those activities;
• must ensure all persons likely to be affected by XYZ activities and who may wish to comment on the OHS issues arising from those activities, are given the opportunity to join in meaningful and effective consultative processes;
• must ensure grievance and disciplinary procedures regarding consultation are adhered to (in particular, refer to s.13 & s.23 of the OHS Act 2000);
• must participate in review of consultative processes, with all relevant parties, including major Clients, at least once a year.
Supervisory Staff:
Within the context of the responsibilities outlined in OHS Responsibilities of Supervisory Staff (page 6.01-3), Supervisory Staff:
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• must ensure all persons in the department are presented with an opportunity to comment on OHS issues in a timely and effective manner;
• must ensure comprehension of, and adherence to, all consultative and reporting issues relevant to the department;
• must ensure sufficient resources are available, including money and time, to address consultation issues in the supervised department in a meaningful and practicable manner;
• must ensure grievance and disciplinary procedures regarding consultation are adhered to (in particular, refer to s.13 & s.23 of the OHS Act 2000);
• must ensure XYZ General Manager is appraised of any consultation incident considered out of the supervisor's control.
• must gather feedback from the employees on consultation issues, along with other workplace health and safety issues, and pass this up to the General Manager;
• must ensure reciprocal feedback from management to employees is given within a reasonable time;
OHS Represenatives
Within the context of the responsibilities outlined in OHS Responsibilities of OHS Representatives (Page 6.01-4), OHS Representatives:
• must facilitate employee consultation in relation to health, safety and welfare issues, including consultation itself;
• must provide communication link for all concerned parties.
• must allow for canvassing of staff (at all levels of the enterprise), as well as contractors, guests, and visitors, regarding the consultative processes, during periodic workplace inspections (refer to s.13 & s.23 of the OHS Act 2000).
Employees:
Within the context of the responsibilities outlined in OHS Responsibilities of Employees (page 6.01-6), Employees:
• must participate in the consultative processes ;
• should encourage fellow employees to speak-up on OHS issues;
• must ensure grievance and disciplinary procedures regarding consultation are adhered to (refer to OHS Act 2000, s.13; s.23);
OHS Manual for XYZ Copyright Doug Wakefield Sydney 2005 (May be reproduced for use within XYZ’ facility only) Issue: 050701 6: OHS Roles & Responsibilities Page 3
• if any health, safety and welfare issues – consultative or otherwise – are identified, the employee must bring these to the attention of their supervisor, and the OHS Consultative mechanism.
Contractors:
• are to follow Contractor Control (page 8-1) procedures.
4. PROCEDURE
A copy of the WorkCover code of practice "OHS Consultation" (Catalogue number 311) is recommended as a guidance reference.
Section 4 of the code says that:
"Consultation must be undertaken by one or a combination of the following means:
a) The establishment of one or more OHS Committees; b) The election of one or more OHS Representatives;
c) Other arrangements agreed by the employer and employees [Act: 16]."
It also adds the way each of these may be provided for:
"…
• An OHS Committee be established if the employer has 20 or more employees and the majority of employees make such a request [Act: 17(1)]. More information on OHS Committees can be found in section 6 of
this Code.
• An OHS Representative be elected if at least one employee makes such a request [Act: 17(2)]. This does not mean, for example, that if there
are 20 requests for an OHS Representative, 20 OHS Representatives must be elected. More information on OHS Representatives can be found in section 7 of this Code.
• An employer may make arrangements for the establishment of an OHS Committee or the election of an OHS Representative whether or not it has been requested by any of their employees [Act: 17(4)].
• An OHS Committee must be established or an OHS Representative must be elected if WorkCover NSW so directs [Act: 17(1); 17(2)].
• Any Other Agreed Arrangements must be made by agreement between the employer and their employees [Act: 16(c)]."
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XYZ has chosen to apply a consultative system under the auspices of ‘other agreed arrangement’. With the management as the driving force, consultation with employees is assured by allowing direct discussion with management, as well as allowing for one management team- member and one employee team-member to be trained under the
WorkCover ‘OHS Consultation Course’ – the four day accredited course for OHS Committee members and OHS Representatives. These
representatives will further allow for a meaningful method of ensuring consultation with all stakeholders. (Note that in the spirit of the
requirements of the OHS Act 2000, OHS Regulation 2001 and OHS Consultation code of practice, XYZ recognises and accepts the consultative process may change from time to time);
•
The chosen consultative method allows for each and every employee to raise OHS issues in a timely manner with management, either directly or via one or another of the OHS Representatives, without the fear of victimisation, etc. (as emphasised in the NSW OHS Act 2000, s.23). Concurrently, management commits itself to provide timely feedback to employees regarding outcomes from any issues raised. Note that major Client and Principal Contractor input is also dealt with in a timely manner, and outcomes discussed with employees;•
Regular and timely consideration is given to the consultation process itself by the XYZ management, and aims to:•
Identify consultation needs of the workplace;•
Ensure a true and fair representation of the various groups is reflected in management meetings and its deliberations;•
Present options to the various groups to allow a free and unhindered flow of OHS information, requests and responses to, and from, management and employees alike.The aim is provide a forum for OHS issues that truly reflects the needs and expectations of each and every person likely to be affected by XYZ activities.
• In accordance with the functioning of the consultative mechanism, a copy of the minutes from each meeting of the OHS Representatives, as well as management meetings, dealing with OHS issues shall be signed and dated by the XYZ General Manager and a senior employee representative and displayed on various staff notice boards.
• A 'OHS Consultation Statement' (appendix number: 6.31) exists to highlight the consultative process accepted by the staff in consultation with XYZ management, and is an integral part of the XYZ’ Employee Manual.
5. TRAINING
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All personnel
• All persons regularly entering XYZ control must be appraised of the existence of the OHS consultation statement.
• From time to time, some specialist training may be required to ensure adequate consultation is in place relevant to a particular circumstance (eg conflict resolution, manual handling, etc.). It may only be necessary for an individual to receive such training and become the reference for the particular special hazard. It is recommended specialist training be given to personnel who already have some interest in the field, so as to enrich the pool of experience in XYZ for the addressing of OHS issues.
6. REFERENCES
• XYZ OHS Manual: Chapter 3: Planning for Safety p.3.01-1; Chapter 4: Legislation p.4.01-1; Chapter 5: OHS Policies and Procedures p. 5.01-1; Chapter 5, part 2:
General OHS Policy p.5.02-1; Chapter 5, part 3: Manual Handling Policy p.5.03- 1; Chapter 6: Management Procedures p.6.01-1; Chapter 6, part 2: Grievance
and Discipline p.6.02.1; Chapter 6, part 4: Consultation Statement p.6.04-1; Chapter 6, Part 5: Training p.6.05-1; Chapter 8: Contractor Management p.8-1; Chapter 9, part 1: OHS Inspection Checklists p.9.01-1; Chapter 9, Part 8: Safe
Work Method Statements p.9.08-1.
• OHS Act 2001: s.3;s.8;10;s.11;s.13;s.14;s.15;s.16;s.17;s.18;s.19; s.20,s.25
• Workplace Injury Management and Workers Compensation Act 1998: s.52
• OHS Regulation 2000: Ch.2; Ch.3 [especially cl.24 (j), and cl.27(1)(b)]
• WorkCover code of practice "OHS Consultation" (catalogue number.311); publication: "Due diligence at work" (catalogue number: 126.)
• Standards Australia: AS/NZS 4804:2001 "Occupational health and safety management systems - General guidelines on principles, systems and supporting techniques."
• Standards Australia: AS/NZS 4801:2001 "Occupational health and safety management systems – Specification with guidance for use”
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