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contribute whs consultation and participation proc

Contribute whs consultation and participation processes

Contribute to implementing and

Table of Contents

Table of Contents ..................................................................................................................................... 2

1. Identify Individuals and Parties Involved in WHS Consultation ................................................. 8

1.1. Identify individuals and parties regarding WHS consultation and participation .................... 8

2.1. Identify workplace WHS consultation and participation processes ....................................19

2.2. Contribute to setting up and running these processes as appropriate ...............................21

3.2. Contribute to and participate in these processes as appropriate to own job and work area

37

4.2. Contribute to the delivery of required training as appropriate to own job and work area ...41

4.3. Section Summary................................................................................................................42

6. 7. 8.

5.3.

8.2.

Appendix A: Sample Provisional Improvement Notice (PIN) ..............................................58

BSBWHS403 Contribute to implementing and maintaining WHS consultation and participation processes 2

This unit describes the skills and knowledge required to contribute to setting up, running and improving work health and safety (WHS) consultation and participation processes that are prescribed in legislation. It also covers contributing to communicating relevant information identifying and delivering related training and improving the consultation and participation processes.

This unit applies to individuals whose job role includes contributing to implementing and maintaining WHS consultation and participation processes in their work area and job role.

Learning Module_v2.0

BSBWHS403 Contribute to implementing and maintaining WHS consultation and participation processes

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BSBWHS403 Contribute to implementing and maintaining WHS consultation and participation processes

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Learning Module_v2.0

Knows how tocontribute to processes for communicating and sharing WHS information and data

Able to contribute to identifying and meeting training requirements for effective WHS consultation and participation

Glossary of Acronyms

Note: Unless otherwise expressly stated throughout this topic, a reference to:

Health and Safety Representative is taken to refer to Safety and Health Representatives (within

the jurisdiction);

Work Group is taken to refer to ‘Designated Work Group’ (within the definitions prescribed by

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Learning Module_v2.0

In order to be able to identify individuals and parties involved in WHS consultation, you must be able to:

Apply knowledge of relevant parts of WHS Acts, regulations, codes of practice, policies and

Identify roles, duties, rights and responsibilities as they apply to own job role and work area.

1.1. Identify individuals and parties regarding WHS consultation and participation

Learning Module_v2.0

employees). Maximum penalties: 180 penalty units (individual) and 900 penalty units (body corporate); Western Australia: OccupationalSafety and Health Act 1984: Section 19 (Duties of employers), which

Under section 46 of the Model WHS Act, if more than one person has a duty in relation to the same

The legislation also identifies specific matters that trigger the requirement for consultation, namely:

‘The Model WHS Act’

Section 49(a) Section 35(1)(a)

When making decisions about ways to eliminate or minimise assessed risks;

Section 49(b) Section 35(1)(b)

When making decisions about the adequacy of facilities for the welfare of workers;

Section 49(c) Section 35(1)(c)
Section 49(d) Section 35(1)(f)
Section 35(1)(f)(i)

The plant, substances or other things used at such a workplace;

Section 35(1)(f)(ii)

Conduct of the work performed;

Section 35(1)(f)(iii)
Section 49(e) Section 35(1)(d)
Section 49(e)(i) Section 35(1)(d)(ii)
Section 49(e)(ii) Section 35(1)(d)(i)

Monitoring the health of workers;

Section 49(e)(iii)

Section
35(1)(d)(iii)

Section 49(e)(iv)
Providing information and training for workers; Section 49(e)(v)
Section 35(1)(d)
Section 49(f) Section 35(1)(g)

The legislation recognises that workplaces have better health and safety outcomes when workers have input before decisions are made about health and safety matters that affect them. In particular, the legislation allows for workers to be consulted and represented through health and safety representatives and committees.

There are also authorised union officials (entry permit holders in the harmonised legislation) with a right of entry, for specific reasons, to workplaces where there are ‘relevant workers’.

Inspectors work on behalf of the WHS regulator in each WHS jurisdiction. An inspector has various powers, functions and roles to play in relation to assisting the business to manage WHS, including enforcement options.

Other individuals and parties who are not duty holders under the legislation may have roles, rights or responsibilities in regard to WHS consultation and participation processes. Anybody who is affected by, or could contribute to WHS consultation and participation processes could be said to have a role. Here are some common ones:
• Customers
• Suppliers
• Regulators
• Unions
• Health and safety committees.

Below are some key personnel who may also be involved in the WHS consultation and participation processes.

Key personnel

WHS technical advisors are persons providing specific technical knowledge or expertise in areas related to WHS and may include:

risk managers

security and emergency response personnel

workplace trainers and assessors

BSBWHS403 Contribute to implementing and maintaining WHS consultation and participation processes 11

WHS specialists are persons who specialise in one of the many disciplines that make up WHS, including:

safety professionals

toxicologists

occupational health professionals.

1.2.

The Business

In the harmonised legislation the key Officers have a duty to exercise due diligence to ensure that the business complies with the legislation including taking reasonable steps to ensure that the business implements processes for complying with the duty to consult with workers.

safety issues, and to contribute to the decision-making process;

• the views of the workers are taken into account by the business; and

Learning Module_v2.0

In the harmonised legislation the key Officers have a duty to exercise due diligence to ensure that the business complies with the legislation including taking reasonable steps to ensure that the business implements processes for complying with the duty to consult with workers.

In representing their workers, an HSR may for those they represent:

Provisional Improvement Notice (PIN).

Learning Module_v2.0

Reporting:

one way that you can communicate responsibilities and duties to duty holders is through the writing of reports. Reports can be written following a systems audit, an investigation of an incident or near/miss or following a risk management process.

Newsletters/updates:

Where possible, subscribe to information sources such as professional association newsletters or regulator developed news items to keep up to date with developments in the WHS environment. When you see something relevant to your organisation, bring it to your management’s attention using your organisation's communication channels.

Learning Module_v2.0

Customers can be affected by an organisation’s WHS consultation and participation processes, but they would not be considered one of the larger stakeholders. More importantly, customer requirements can affect WHS outcomes in the workplace, so it is important that when operational ‘outputs’ of an organisation are affected by WHS issues, that the reasons for this are communicated to customers and solutions are reached.

Customers may be able to provide some valuable WHS ideas as they have a unique view of the organisation from ‘outside’. These will need to be communicated through the consultation and participation processes.

Regulators

The role of the regulator in relation to WHS consultation and participation process is generally represented through the inspector in terms of dispute resolution issues.

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Learning Module_v2.0

Your role as the WHS practitioner is generally to support others to understand and fulfil their duties and roles in relation to WHS consultation and participation practices. This will be explored further in elements two and three of this unit.

Communicating with regulators ad unions

Your role in communicating information with regulators and unions is more likely to be one of receiving information from these sources and using the material provided to assist your organisation’s duty holders to meet their requirements.

Learning Module_v2.0

One of the key roles of a WHS practitioner is to assist others in identifying and implementing their role, responsibilities and duties under the legislation, including in relation to consultation and participation arrangements.

Your role in these is to:
• assist in evaluating and monitoring existing arrangements in comparison to legislative requirements and organisational policies, and provide ideas for improvement;
• facilitate communication between relevant stakeholders, with particular reference to the legislative requirements for consultation, co-operation and communication;

identify the development needs of those involved in consultation and participation processes and facilitate learning activities/training to improve skill levels; and
• identify potential barriers to implementation of effective WHS consultation and participation processes and suggest ideas to overcome these barriers

Learning Activity: Identify legislative requirements for Work Health and Safety Consultation

Learning Module_v2.0

Identify duty holders under the WHS legislation who have duties in relation to WHS consultation.

Identify other stakeholders who may have a role, right or responsibility in relation to WHS consultation.

Identify any responsibilities, rights or duties of the WHS practitioner in relation to WHS consultation and participation processes.

BSBWHS403 Contribute to implementing and maintaining WHS consultation and participation processes

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What skills will you need?

In order to be able to contribute to WHS consultation and participation processes, you must be able to:

participation of individuals and parties as appropriate to own job role and work area.

2.1. Identify workplace WHS consultation and participation processes

HSRS and other worker representatives such as entry permit holders (EPH)

These two representatives of workers are very common in workplaces, and there are legislative requirements around powers and obligations. An HSR represents the health and safety interests of a workgroup. There can be as many HSRs and deputy HSRs as determined to be necessary after consultation, negotiation and agreement between workers and the business. An HSR is not personally liable for anything done, or not done, in good faith while carrying out their role.

Procedures for reporting hazards and raising WHS issues

These procedures play a vital role in empowering workers (and other stakeholders) to report hazards or WHS issues that they have identified to those with control of the workplace, i.e., those who are in a position to address the issue. This is particularly important for ‘immediate’ hazards where they should be addressed immediately, rather than waiting for the next toolbox meeting or HSC meeting to raise the issue. These procedures often involve some sort of reporting ‘tool’ such as an incident, near miss or hazard reporting form. However, they can also be as simple as a process of a worker feeling that they are able to approach a
supervisor/manager and verbally report a WHS issue.

Learning Module_v2.0

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