OH&S Consultation

Introduction

The University of Western Sydney believes that the employees' legal right to be consulted about OH&S is fundamental to the formulation, development and implementation of all OH&S policies, plans and procedures.

To give effect to this belief, the University has developed an Occupational Health and Safety Consultation Statement (PDF, 83Kb) and implemented OH&S consultation arrangements.

These arrangements form the cornerstone of the University's approach to managing OH&S and reflect the spirit and intent of the NSW OH&S Act 2000.

In general terms OH&S consultation at UWS can take place at a number of levels. These levels include:

  • direct consultation with an immediate manager or supervisor
  • elected OH&S consultative committees and/or OH&S representatives
  • professional OHS&R staff who are employed by the University to provide a range of OH&S related services, e.g. information, training, functional assessments, audits, etc.

Ideally all OH&S issues should be resolved at the lowest possible level within the particular work area concerned by the parties involved.

If you have an OH&S issue you should, in the first instance, discuss it with your immediate supervisor then if needed seek advice and assistance from your OH&S representative/committee member, OH&S Staff or WorkCover NSW.

The existence or absence of an OH&S issue needs to be supported by reliable evidence rather than hearsay or a subjective view. OH&S issues should be raised as soon as there is sufficient evidence to argue there is an issue, as early intervention usually leads to early rectification.

Whereas WorkCover NSW can offer assistance to employers and employees WorkCover NSW expects that, in the first instance, OH&S issues are resolved via the consultation arrangements that employers are legally obliged to establish in consultation with their employees.

The information below is intended to provide UWS staff with information about OH&S consultation and the OH&S consultation arrangements that are in place at the University.

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What is OH&S Consultation?

OH&S consultation is a process that has been given legal recognition in OH&S legislation.

At the University of Western Sydney OH&S consultation is the cornerstone of the University’s approach to managing OH&S.

The University believes that effective OH&S consultation facilitates meaningful and constructive two-way communication between employees and management about how hazards and risks can be best managed in the workplace.

Where Can I Read the OH&S Laws Covering OH&S Consultation?

In NSW the 'duty to consult' requirements are set out in the OH&S Act 2000 and the OH&S Regulation 2001. There is also a code of practice known as the NSW OH&S Consultation Code of Practice which is a practical guide for meeting the 'duty to consult' requirements set out in the Act and the Regulation.

All documents can be accessed from the WorkCover NSW website.

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Where Can I Obtain a Copy of the NSW OH&S Consultation Code of Practice?

You can obtain a hard copy of this code of practice by contacting the OHS&R Unit or a soft copy by following the link below.

» OHS Consultation Code of Practice 2001

Does UWS Have a Specific Procedure for Setting up OH&S Consultation Arrangements?

Yes. UWS has developed a detailed procedure for setting up OH&S consultation arrangements in the workplace at OHS Consultation at the University of Western Sydney - the Rationale (PDF, 47Kb).

The procedure reflects legislative requirements and outlines the roles and responsibilities of the various stakeholders at UWS, how consultation is to take place and how to establish formal OH&S consultation arrangements in accordance with the NSW OH&S Consultation Code of Practice.

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What is the Role of the OH&S Representative/Committee?

An OH&S representative represents the employees of a designated workgroup.

Accordingly, the functions of an OH&S representative is limited to the issues that may have OH&S implications for the workgroup. The OH&S Representative can make recommendations to the employer regarding the safety measures required to protect the health, safety and wellbeing of the workgroup.

An OH&S committee brings employee and management together in a non adversarial, cooperative effort to promote OH&S within the entire workplace. It is the committee’s role to take a proactive approach in assisting the employer to develop and implement the best possible OH&S policies, plans and procedures for eliminating or minimising the occupational risks that are inherent in the business.

Do OH&S Representatives/Committee Members Require Training?

All OH&S representatives and committee members are required to attend an 'accredited' course of training. The course must be delivered by a 'WorkCover NSW accredited' trainer. OH&S consultation training is coordinated through the OHS&R Unit.

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How Do I Become a Health and Safety Representative or a Member of an OH&S Committee?

Every employee is eligible 'to stand' as a health and safety representative and/or member of an OH&S committee. The office of health and safety representative and OH&S committee member is for a two year period.

At UWS nominations for health and safety representative and OH&S committee members are called every two years. If necessary elections are conducted in a manner that is consistent with recognised democratic principles.

How Do I Get an OH&S Issue Put on the Agenda of the Next OH&S Committee Meeting?

To have an issue put on the agenda of the next meeting of the OH&S Committee covering your area you need to contact the Chairperson of the Committee. Contact OHS&R Unit for the name and contact number of the Chairperson or visit the OH&S Committees page using the link below.

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How do I Obtain a Copy of the OH&S Committee Meeting Minutes?

Copies of the OH&S Committee Meeting Minutes are available from the OH&S Committees page.

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