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Module 8 Issue resolution and prohibited conduct

Module 8 Issue resolution and prohibited conduct. Consultation, Representation And Participation . This module covers further requirements under the WHS Act in relation to consultation, representation and participation and includes: Issue resolution

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Module 8 Issue resolution and prohibited conduct

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  1. Module 8 Issue resolution and prohibited conduct

  2. Consultation, Representation And Participation This module covers further requirements under the WHS Act in relation to consultation, representation and participation and includes: • Issue resolution • Discriminatory, coercive or misleading behaviour WHS Act s80-82, s104-109

  3. Resolution of health and safety issues Under the WHS Act, the issue resolution process applies where a work health and safety issue remains unresolved. PCBUs are expected to establish and utilise issue resolution procedures in consultation with workers and other relevant parties. Where an issue resolution procedure is not in place, the WHS Regulation provides a default procedure. See Fact Sheet 7 for the issue resolution requirements and flowchart See Fact Sheet 5 for the issue resolution requirements and flowchart WHS Act s80 - 82

  4. Resolution of health and safety issues Under the WHS Act ‘parties’ involved in relation to an issue include: • A PCBU or their representative; • Where more than one business or undertaking is involved, the PCBU for each or their representative; • Where workers of a workgroup are affected, their HSR or their representative; • Where the worker/s are not in a workgroup, the worker/s or their representative (this can be a union representative). The person representing the PCBU must: • Have a level of seniority and competency to act as the PCBUs’ representative. • Not be a HSR. WHS Act s80 - 82

  5. Module 8-Activity 1 - • The facilitator will divide the group into small teams groups to review the scenario and determine steps in the issue resolution process. • The group will come back together to discuss their responses.

  6. With the new powers and duties of various persons under the WHS Act, provisions have been made to protect anyone acting in good faith for the purpose of ensuring health and safety in the workplace. What type of conduct do you think may occur that requires protection under the law? Conduct in relation to health and safety matters WHS Act s104-115

  7. Persons that are protected under the WHS Act include persons who are, have or will: Act, perform/or not perform their functions or exercise their powers (where applicable ) as HSRs, deputy HSR, HSC members, WHS entry permit holders or any other role in accordance with the WHS Act. Assist or give information to persons using a power or performing a function under the WHS Act. Raise an issue or concern about work health and safety with PCBU/s, other workers, persons with roles and functions or an inspector. Be involved in resolving a work health and safety issue. Take action to seek compliance with WHS duties and obligations. Conduct in relation to health and safety matters WHS Act s106

  8. Provisions are also in place to ensure that persons with powers do not abuse them. What type of behaviours may be considered as: Discriminatory? Coercive? Misleading? See Fact Sheet 7 for information on discriminatory, coercive or misleading behaviour. Conduct in relation to health and safety matters WHS Act s104-115

  9. Module 8-Activity 2 - • The facilitator will divide the group into small teams groups to review the statements in the table and determine if they are true or false. • The group will come back together to discuss the answers.

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