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NSW Work Health & Safety Act

NSW Work Health & Safety Act. Module: Consultation. About this Module. Purpose: To outline the consultation requirements in the WHS Act and how these differ from existing requirements. Learning Outcomes. The key learning outcomes of this module are:

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NSW Work Health & Safety Act

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  1. NSWWork Health & Safety Act Module: Consultation

  2. About this Module Purpose: To outline the consultation requirements in the WHS Act and how these differ from existing requirements

  3. Learning Outcomes The key learning outcomes of this module are: • An understanding of the duty to consult under the WHS Act • An understanding of the changes from the current NSW legislation on Consultation

  4. What we currently have to do What are the existing requirements on employers in relation to who, how and when you must consult on health and safety matters?

  5. OHS Act 2000 • Legal duty to consult with employees on any matter with potential to affect health and safety • Must consult before changes are made that may affect employees’ health and safety and in other prescribed instances • Must have an agreement with employees about the way you will consult • Via OHS Reps, OHS Committees, combination of both • Can be something totally different - if agreed to by employees and in writing • Must consult in meaningful way – providing opportunity for employees to express views and have input into OHS decisions

  6. Consultation in NSW • Mandatory to consult with ALL employees • Prescriptive – the legislation tells you what, when , how • Committee structure well embedded in large organisations • OHS Representatives in place and usually members of Committee • Other agreed arrangements provide flexibility for small organisations

  7. Consultation works! A safe workplace is more easily achieved when employers and workers talk to each other about potential problems and work together to find solutions. That’s why the existing law requires employers to consult employees on health and safety matters. The WHS Act extends the requirements for consultation on health and safety matters

  8. What is different in WHS Act about Consultation Much broader duties for PCBUs to consult with other duty holders, and workers, including those likely to be affected by their business or undertaking Establishes comprehensive duties to consult on work health and safety matters so far as is reasonably practicable

  9. Overview of what WHS Act says about Consultation MUST CONSULT: • withall workers who carry out workwho may be directly affected by WHS matter • in an effective way • oncertain matters, • involve HSR– if workers represented by that HSR • …., cooperate and coordinate activities with other duty holders who share WHS responsibilities SO FAR AS IS REASONABLY PRACTICABLE

  10. What WHS Act says PCBU’s must do: Obligation to consult with workers – s47 PCBU must, so far as is reasonably practicable, consult with workers who carry out work for the business or undertaking who are, or likely to be, directly affected by a WHS matter SO WHO ARE THE WORKERS LIKELY TO BE AFFECTED?

  11. Effective consultation requires: Agreed procedures followed Workers advised of outcome in timely manner Relevant HSR involved if one exists Consultation Relevant information about the matter is shared with workers Views of workers are taken into account by PCBU • Workers given opportunity • express views, • raise WHS issues • contribute to decision making

  12. What WHS Act says about Consultation: CONSULTATION is required WHEN: • identifyinghazards and assessingrisks • makingdecisions abouthow to eliminate & minimise risks • making decisions about facilities for welfare of workers • proposing changes that affect WHS of workers • decisions about procedures for: • Consultation • Issue resolution • Health monitoring • Monitoring condition of workplace • Information and training

  13. Consult so far as is Reasonably Practicable ? What is reasonable in the particular circumstances at the particular time? This will depend on:

  14. What you need to do

  15. How to consult your workers In collaboration with your workers you need to work out methods that: • Meet your duty to consult • Ensure all workers can participate in consultation • Integrates with the way you manage WHS risks You may have, for example

  16. Agreeing on Consultation Procedures The WHS Act allows you to establish agreed procedures for consultation with your workers. Such procedures must be consistent with S48 WHS Act. The agreement allows you to clearly state: • the responsibilities of all people in the workplace • when consultation is necessary • who will be involved in the consultation • how the consultation will occur • how information will be shared • what opportunities will be provided for workers and HSRs to give their views • how feedback will be given to workers • how consultation will occur with workers with language / literacy needs

  17. What WHS Act says PCBUs must do: Obligation to consult with other duty holders – s46 “Duty holders with overlapping WHS duties must, so far as is reasonably practicable, consult, co-operate and co-ordinate activities with each other” WHO ARE THESE OTHER DUTY HOLDERS? • Same workplace – e.g. construction site, shopping centre, • Same matter- e.g. design, installation, use of plant, labour hire

  18. Shared duties Distributor ? Landlord Supplier of The cleaning contractor used labour Workers PCBU Supplier of equipment ? PCBU 18

  19. What are the major differences in the WHS Act? Major difference is the extent of the scopeof the obligation: NOWhave to consult with all workers directly affected not just employees NOW have to consult with other duty holders who share responsibilities . The nature of consultation required & when you are expected to consult are basically the same as existing provisions

  20. What do you need to do? Consulting WORKERS If you have consultative arrangementslike an OHS committee or OHS Reps then you need to see how this can be extended to cover all workgroups If you don’t have existing arrangements then you need to identify your workgroups and talk to them about when and how you may consult them

  21. What do you need to do? Consulting , Cooperating & Coordinating with OTHER DUTY HOLDERS All duty holders need to gain an understanding of the requirement to consult, cooperate and coordinate activities with each other WHAT IS REASONABLY PRACTICABLE: • to achieve effective exchange of information? • to work effectively together? • to ensure consistence? • to meet duties?

  22. Assessment questions • What factors must be taken into account when deciding who a PCBU needs to consult with? • What must a PCBU do to consult effectively with workers and others? • When must a PCBU consult with workers? • Is there a requirement for PCBUs to consult, cooperate and coordinate activities with others. WHY?

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