The expected outcomes known as what must go right will be that: DWGs will be established and / or reviewed within the RMIT organisation structure

Transcription

1 1.0 Objective To set out the requirements for the establishment and maintenance of Health and Safety Committees (s), Designated Work Groups (DWGs) and Health and Safety Representatives (HSRs) at RMIT. 2.0 Scope This process applies to all Health and Safety Committees at RMIT and RMIT Staff and Students. In general this process and its relevant guidance materials will be applicable in Victoria, Australia only; however, it does not restrict other campuses adopting a similar process. 3.0 What must go Right? The expected outcomes known as what must go right will be that: Health and Safety Representatives 1 are nominated and elected in accordance with this process Designated Work Groups 2 are established when requested Health and Safety Committees 3 meet at least 3 monthly 4.0 Implementation 4.1. Designated Work Groups (DWGs) DWGs will be established and / or reviewed within the RMIT organisation structure 1 The requirements for HSR s is only legislated in Victoria (as per the Occupational Health & Safety Act 2004 for the purpose of this document to be referred to The OHS Act ) and also Australia. 2 The requirements for Designated Work Groups is only legislated in Victoria and Australia. 3 The requirements for Health & Safety Committees is only legislated in Victoria and Australia. Other jurisdictions can choose to follow any of the above requirements, if local legislation does not exist. Page: Page 1 of 16

2 when a request is received from a staff member. In establishing a DWG the following must be considered: The best way of grouping employees to ensure the best interests of all staff members are represented and the HSR is accessible to staff The number of HSRs (which must be at least 1) for each DWG The number of Deputy HSRs (DHSRs) if any, for each DWG The OHS Act allows for more than one HSR and DHSR per DWG. When deciding to have more than one HSR and/or DHSR for a DWG the following factors should be considered: Overtime or shift work arrangements where employees may not have access to the HSR where there is only one for the DWG The number of employees involved in the work area The nature of work in the DWG The location and areas where each type of work is performed The nature of hazards in the work area Negotiations for the composition of the DWGs shall commence within 14 days of receiving the request. Where agreement cannot be reached, assistance should be sort from the HSW Team, who will approach WorkSafe where required. The composition of DWGs may be varied at any time by negotiation between the employer and the employees and HSRs. Where parties agree to vary DWGs, the affected employees must be notified, in writing, of the variation. This must be done by a Senior Leader. HSRs and DHSRs are not responsible for managing health and safety within a School/non-academic business unit. The responsibilities for the management of health and safety must be assigned within the management structure. Page: Page 2 of 16

3 The OHS Act prohibits any coercion in the negotiations to establish a DWG Establishment of Designated Work Groups & Electing Health and Safety Representatives Upon request each College / School or Portfolio (area) is required to establish DWGs and to arrange for the election of HSRs to represent the staff within the named DWGs. HSRs shall be elected by staff within their DWG, unless there is only one nominee for the position, in which case the person will be accepted as the duly elected HSR for a period of up to three years. Members of the DWG may also decide to elect a Deputy HSR (DHSR). The names and contact details of all HSRs and DHSRs must be displayed in a prominent position in the work and learning environment Negotiating and Re-Negotiating DWGs Step Action Responsibility Recommended Timeframe (Working Days) 1.0 Use the DWG Negotiation Letter (HSW- PR08-TM04) to write to all members of the affected DWG(s) outlining the need to establish/renegotiate the DWG(s). Provide general information on DWGs and state the particulars of the proposed new structure. Ask for comment and feedback to be received within 14 days. Within 14 days when requested by a staff member. 2.0 If feedback demonstrates a lack of agreement to the proposed structure, contact the Health Safety and Wellbeing Team for assistance in the DWG options and asking DWG members to vote on one of the options within 7 days. Within 7 days after feedback period 3.0 If agreement on the composition of DWG(s) is not reached contact the Health, Safety & Wellbeing Team. As soon as reasonably practicable 4.0 Advise all members of DWG(s) and the Health Safety & Wellbeing Team in writing of outcome of negotiations and the new Senior Leader of the DWG Within 7 days of the outcome Page: Page 3 of 16

4 Step Action DWG structure. Responsibility Recommended Timeframe (Working Days) 6.0 If renegotiation of DWG(s) has created vacancies for HSR(s) follow the information outlined in section 5 of this process. Commence election process within 7 days. 5.0 Health and Safety Representatives (HSRs) Once DWGs have been established, HSRs will need to be elected to represent the staff within the DWGs Election of HSRs and Deputy HSRs Members of a DWG can decide themselves how to conduct an election for HSRs and DHSRs. The following election process is recommended and ensures that all of the elements under the OHS Act are covered. Step Action Responsibility Recommended Timeframe DWG staff are to be notified of the election process using -TM05 - HSR / DHSR Nomination Letter. All continuing and fixed-term staff of RMIT are eligible to nominate as a HSR. 1.0 Nominations must be made by persons qualified to vote (members of the DWG) and have the consent in writing of the candidate. 2 weeks Use -FR01 - HSR/DHSR Nomination Form. Alternatively, an online form can be created, using the details from this form. All nomination periods should be open for a minimum of 2 weeks. 2.0 If there is only one HSR nomination for the vacancy, the candidate is automatically Immediately or 2 weeks Page: Page 4 of 16

5 Step Action elected as the HSR. If more than one HSR nomination is received, an election must be held. DWG staff are to be notified of HSR election process using -FR02 - HSR DHSR Election Notification Form Send all DWG staff - -FR03 - HSR DHSR Election Form or alternatively, an online form. Elections should be open for a minimum of 2 weeks. Responsibility Senior Leader Recommended Timeframe 3.0 Voters to indicate their preference for the HSR position by numbering the candidates in order of preference. Where paper forms are used: Completed ballot papers must be placed in the allocated ballot box. DWG members 2 weeks Count votes in a team of at least two, discarding any votes where the voter has not complied with the voting instructions. 4.0 The candidate who has received the largest number of first preference votes shall be declared elected. Where there is no candidate with a majority of votes, another election is to be held. Immediately after voting closure. A candidate may appoint a scrutineer to monitor the counting of votes. All documentation on the election process must be retained. 5.0 Announce new HSR/DHSR to DWG and to the Health Safety & Wellbeing Team Immediately once known 6.0 HSR/DHSR to attend approved training and forward completed training details to the Health Safety & Wellbeing Team. Training is not compulsory; however, HSR powers are limited if training is not attended. HSR/DHSR As soon as Possible The managing the nomination / election process will ensure that: Page: Page 5 of 16

6 Voting is confidential One vote is allowed per member of the DWG A list of eligible voters is obtained Names of candidates will be printed on a ballot paper in alphabetical order A ballot paper must be forwarded to each eligible voter. A list of eligible voters and the time and date ballot papers were received must be kept as evidence of the election process. Completed ballot papers will be lodged in a ballot box, with a nominated returning officer, or online. Any member of the DWG is able to observe the sealing and unsealing of the ballot papers and the counting of the votes Members of the DWG will register their vote by marking one box only of their preferred candidate The candidate with the most votes will be declared the HSR/DHSR Ensure that the total number of votes counted do not exceed the number of DWG members marked off the role In the event of a discrepancy, the election will be declared void and a new election will be called All documentation pertaining to the election must be kept within the School/non-academic business unit and be made available for audit. An up to date listing of all elected HSR/DHSRs is to be maintained and forwarded to healthandsafety@rmit.edu.au, by the chairperson or secretary. HSRs and DHSRs may commence representing their DWG s as soon as they are elected. A HSR/DHSR will cease to be a HSR/DHSR in the following circumstances: Upon ceasing to be a member of the DWG; Resigning as HSR/DHSR; When the DWG is varied; Upon failing to be re-elected; Being disqualified under Occupational Health and Safety legislation. In the event of a tie, a supplementary election will be held. The will ensure: Page: Page 6 of 16

7 Only those candidates involved in the tie will be the eligible nominees; Voting will be open to all DWG members; Notification of HSR/DHSR outcomes Resignation of HSR If a HSR resigns before their term has expired, the Health and Safety Committee Chairperson shall, in consultation with the responsible leader, hold an election for the vacant position Terms of Office HSRs and DHSRs shall be elected for a term no longer than 3 years, and are eligible for re-election Training All HSRs and Deputy HSRs are strongly encouraged to undertake an initial 5-day approved training course (during normal work time) which will be paid by RMIT. HSRs and DHSRs are entitled to attend a one-day refresher course each year (during normal work time) after completing the initial course Records All records of HSR s and DHSR s attendance at approved training courses must be retained within the School / Business Unit period of 5 years Employer Representatives Employer representatives in the areas with elected HSRs have a responsibility to: Consult with the HSR and the DHSR(s) to which a health and safety issue has arisen. Where consultation processes are agreed, the consultation process must follow that process. Refer to HSW-PR07-WI01 HSW Issue Resolution Work Instruction for further information. Page: Page 7 of 16

8 Meet with the HSR by inviting them to consult about health and safety matters that relate to their DWG and also meet with the HSR where a meeting has been requested by the HSR. Provide the HSR with relevant information about health and safety matters that RMIT provides or intends to provide to staff in the DWG. Provide information to the HSR a reasonable time before providing it to staff, unless it is not reasonably practicable to do so. Give the HSR a reasonable opportunity to express his or her views about the matter. Take into account the HSRs views about the matter. If there is no HSR or DHSR available, consultation should involve the relevant staff and attempts to resolve any issue in accordance with the agreed process. Inform the HSR in their area as soon as possible of any incident, injury or illness or near miss occurring in their DWG area. Include the HSR in consultation, of all proposed changes to the workplace, the plant or substances used at the work place or the conduct of work at the workplace that may affect the occupational health, safety and wellbeing of the DWG. Allow HSRs/DHSRs to take reasonable time with pay to perform their functions. Provide information to HSRs/DHSRs on health and safety matters relevant to their DWG members. Provide facilities and assistance as necessary or prescribed to enable them to perform their functions RMIT Health and Safety Committees (s) The s are to reflect a strongly people orientated approach to HSW Management, to cover all people and areas of RMIT and are to be involved in all aspects of HSW. s will deal with issues and process and have as a priority increasing HSW awareness within RMIT. The established s are required to meet at least every 3 months. Page: Page 8 of 16

9 Day to day issues shall be addressed immediately through line management or at regular staff meetings and not at s. The OHS Act requires HSRs and employer representatives to attempt to resolve HSW issues and disputes in accordance with RMIT s agreed issue resolution procedure refer to HSW-PR07-FC01 - HSW Issue Resolution Flow Chart Establishment of s are to be formed in accordance with the OHS Act and upon the request of an elected HSR, a Health and Safety Committee must be established within 3 months of the request. Schools/non-academic business units are required to form their own unless there is agreement under Section 5.11 of this process to have an alternative form of consultation. Committees are formed as a mechanism for: Planned and structured consultation, Broad consultation addressing matters affecting more than one DWG, The formulation and review of School/non-academic business unit health and safety processes, The sharing and dissemination of health and safety knowledge, and Informing employees and raising awareness of HSW matters. A register of all s formed under this process will be maintained by RMIT s Health, Safety & Wellbeing Team on their shared drive. The -RG01 Register of HSRs, DHSRs and s will also contain details of all HSRs and DHSRs. Page: Page 9 of 16

10 5.5. Committee Function and Activities The s shall develop a Charter or Terms of Reference to encourage staff to adopt a positive, proactive approach towards HSW and continuous improvement. The -TM03 - Charter Template has been developed to assist. The functions of the s are to: Represent staff by means of open and honest communication with regular feedback Facilitate a people orientated approach and concern for the welfare of the individual Promote HSW within the workplace and to lead by example Promote compliance with RMIT s Health, Safety and Wellbeing Management System in addition to Standards and statutory obligations To adopt an innovative approach to HSW Management and strive for continuous improvement of RMIT s safety performance To identify potential issues and implement corrective actions To address long term, broad issues as well as resolving day to day ones that have been directed to the committee as per HSW-PR07-WI001 HSW Issue Resolution Work Instruction. Specifically, the activities of a shall include: Identifying major HSW issues or deficiencies in HSW process, implementation or awareness Prioritising issues to be addressed Determining and implementing ways of increasing personal HSW awareness Assisting in site inspections, audits, investigations into injuries, incidents and the recommended actions Providing a forum for open discussion on matters and promote cooperation within RMIT / Designated Work Group (DWG) Page: Page 10 of 16

11 Discussing concerns which have not been resolved between employees and management as per HSW-PR07-WI01 HSW Issue Resolution Work Instruction and make recommendations for consideration Networking with committees within RMIT and benchmark HSW performance If considered appropriate, invite guest speakers to address the committee in order to focus, encourage and generate ideas Establishing systems for the recognition of individuals who have made important contributions to improving health, safety and wellness. Participating in internal and external HSW audits where required Reviewing and monitoring the following where appropriate: o Specific College / School or Portfolio issues and priorities o RMIT processes (updated as required) o Key site modifications and hazard studies o Safe systems of work 5.6. Information to be provided to the Committees Employer representatives shall ensure all relevant HSW information is made available to the members. This includes inspection and audit reports, statistics, investigation reports, changes in legislation, training records, new processes or any other documents as appropriate Responsibilities of Committee Members Members are expected to work closely and pro-actively together to resolve dayto-day issues, which may be raised by other staff, line management or the HSRs/DHSRs themselves. Where resolution of an issue is not resolved locally, the issue is to be escalated to a more senior level Minor Safety Matters Minor, day-to-day matters and problems brought to the attention of any Committee member shall be dealt with on the spot rather than await a Committee meeting. Page: Page 11 of 16

12 Assistance can be sought from Senior Advisor, Health and Safety. Such matters shall only be raised at a committee meeting if management has been unable to act on these matters in an appropriate time frame Meetings All s should initially meet at least once a month and once they become more established, thereafter shall meet at least once each three months, and; An agenda for each meeting shall be issued by the (following consultation with the Chairperson). Any Committee member may place items on the agenda by notifying the. -TM01 Agenda Template. Quorum as stipulated in the Committee Terms of Reference or Charter shall be met at each meeting. Minutes shall be taken for each meeting, including attendance, issues discussed, decisions and actions. All actions shall be nominated to an individual at the workplace and the required action date shall be stated. A member shall be nominated to ensure action occurs. -TM02 Minutes Template. Minutes shall be issued to all Committee Members and persons responsible for completing actions and is to be posted on all relevant notice boards. Records of all agendas, minutes and any other documents relevant to the operation of the Committee shall be kept by the. These records shall be made available to any committee member upon request Time availability Leaders shall ensure that Representatives have sufficient time to devote to matters related to the s activities. Page: Page 12 of 16

13 5.11. Alternatives to Forming a Health and Safety Committee Where a School/non-academic business unit decides through consultation with staff, and with the agreement of the HSR, that they do not wish to form a committee, they must establish an alternative method of consultation. Alternative methods of consultation must: Achieve the functions outlined for a health and safety committee, Be agreed by the HSR/DHSR, and Be documented in a consultation plan. Reasons for not forming a might be: The small size of the business unit would make it impractical, Remote locations making meeting difficult, Consultation with staff and agreement of the HSRs/DHSRs identify alternatives which are preferable, or current arrangements are working well, Health and safety consultative mechanisms are already well integrated into operational practices, and A already exists. 6.0 Responsibilities Position Responsibilities Senior Leaders Supporting the role of the by way of allocating human and financial resources. Ensure their active participation in meetings, as the employer s representative and to make decisions regarding any HSW recommendations formulated by the Committee and put forward for consideration by RMIT. Providing guidance to staff representatives and HSRs Ensuring the release from the work and learning Page: Page 13 of 16

14 Position Responsibilities environment of staff representatives to attend Committee duties. In writing, notify affected staff of any changes to their DWG s Health and Safety Committee Members Health Safety & Wellbeing Team As part of the HS Committee, ensure all staff are responsible for applying HSW considerations to daily tasks performed in the workplace As part of the, responsible for detecting hazards in your operational area of control and within your level of authority and taking prompt remedial action As part of the responsible for the safety of yourself, fellow staff, contractors, volunteers, visitors and clients and all property & equipment used in the workplace. Responsible for maintaining -RG01 - Register of HSRs & s after being notified of election results. Keeping an up to date listing of all elected HSR/DHSRs and sending this to healthandsafety@rmit.edu.au as required. 7.0 Definitions Defines any key terms and acronyms relating to the process where they apply. Term Area DHSR DWG HSR Definition College / School or Portfolio Deputy Health and Safety Representative Designated Work Group Health and Safety Committee Health and Safety Representative The OHS Act Victorian Occupational Health and Safety Act 2004 Senior Leader This includes leaders within schools and department, and includes senior school managers, heads, deans and their deputies, program director, assistant directors, discipline heads, Page: Page 14 of 16

15 Term Definition senior managers, professors and associate professors. 8.0 Supporting Documents Lists the supporting and related Processes and Guidance Material, Legislative references, Australian and International Standards etc. that may be useful references for process users Document Number HSW-PR07 -RG01 HSW-PR07-WI01 -TM01 -TM02 -TM03 -TM04 -TM05 -FR01 -FR02 -FR03 Document Name Consultation & Communication Register of HSRs, DHSRs & s HSW Issue Resolution Work Instruction Agenda Template Minutes Template Charter Template DWG Negotiation Letter HSR / DHSR Nomination Letter. HSR / DHSR Nomination Form HSR / DHSR Election Notification Form HSR / DHSR Election Form N/A Victorian Occupational Health & Safety Act Revision Rev No. Issue Date Nature of Amendment Page No(s) Author Department New Document All HSW Team HSW Page: Page 15 of 16

16 Rev No. Issue Date Nature of Amendment Page No(s) Author Department /12/2014 Periodic Review All HSW Team HSW 3.0 7/6/2017 Review as part of GSM Project New Numbering All L. Woods HSW Page: Page 16 of 16