Resolution of OH&S Issues

The OHS&W Act gives Health & Safety Representatives the authority to raise health and safety issues with management on behalf of employees in the work group they represent. The Act also outlines a process for Health & Safety Representatives to use when they identify health and safety problems that affect members of their work group. If a Health & Safety Representative believes that the Act or Regulations are being breached, they may initiate the certain procedures to protect the health, safety or welfare of a member of the Representative’s work group.

Consultation

Steps

• A vital first step that must be taken by the Health & Safety Representative is to consult with the employer to try to resolve the problem. Consultation involves the Representative informing the employer of the issue and providing information about why he/she believes there is a problem.
• If the problem cannot be resolved by consultation between the employer and the Health & Safety Representative within a reasonable period of time, the Representative must refer the matter to the Health & Safety Committee (if there is one) responsible for the affected area.
• If there is no committee, the problem may be referred to a DAIS Inspector, who must attend within seven business days.

However, there may be some circumstances where the Representative may not refer the matter to the Committee for further action. For example, where every reasonable effort has been made to resolve the problem by consultation with the employer (as described above) or where it has not been possible to arrange a meeting of the Committee. If after taking reasonable steps to stop the breach of the Act or Regulations by consultation, the Health & Safety Representative still considers that the problem has not been satisfactorily resolved, then the Representative may issue a default notice requiring the employer to remedy the breach.

Issue of Default Notice

A default notice is an official declaration by the Health & Safety Representative that, in his or her opinion, provisions of the Act or Regulations are being breached and that it has not been possible to resolve the problem by consultation. A default notice must not be issued on any matter that is already the subject of an improvement or prohibition notice issued by an inspector.

Detailed information on the issue of default notices is provided during Level 1 training.

Procedure for an Immediate Threat to Health, Safety and Welfare

Whenever possible, a Health & Safety Representative must consult with the employer if he or she believes there is an immediate threat to the health, safety or welfare of an employee.

If the problem cannot be resolved by consultation within a reasonable period of time, the matter must be referred to a Health & Safety Committee that is responsible for the affected area. If there is no Health & Safety Committee, the problem must be referred to a DAIS Inspector.

If an immediate threat to health and safety is not resolved through consultation within a reasonable time, the Health & Safety Representative may direct that the unsafe work stops if they believe that the nature of the threat and the degree of risk warrants this. The order to stop unsafe work procedure is then followed.

Detailed information on stopping unsafe work is provided during Level 1 training.

If a DAIS Inspector enters the workplace the relevant Health & Safety Representative is entitled to accompany the inspector during the inspection.