Safety matters with Dr Paul
Resolving Health and Safety Issues
The Queensland Work Health and Safety Act 2011 prescribes the requirements and obligations of a Person Conducting a Business or Undertaking (PCBU) for resolving health and safety issues (sections 80 – 82).
The requirements are applicable if the issue couldn’t be resolved by discussion between the parties to the issue. All reasonable effort should be made to resolve the issue in consultation with relevant parties before pursuing the more formal requirements.
The parties to an issue are defined as:
- The PCBU or their representative (who requires an appropriate level of seniority and competence and cannot also represent the worker); and
- A PCBU, or their representative, from each business or undertaking if the issue affects more than one business or undertaking; and
- The elected representative of the workers (Health and Safety Representative) affected by the issue or the workers or their representative if they have no elected Health and Safety Representative
The parties must make a reasonable effort to achieve a timely, final and effective resolution of the issue in accordance with the relevant agreed procedure. The issue resolution procedure prescribed under the Queensland Work Health and Safety Regulations 2011 is the default procedure if there is no agreed issue resolution procedure at the workplace.
Any party to the issue may request the regulator to appoint an inspector to attend the workplace to assist in resolving the issue. The inspector is able to exercise any of their compliance powers under the Act in relation to the workplace.
While not mandatory, any issue resolution procedure specifically developed for the workplace must be developed after consultation, negotiation and agreement between the PCBU and their workers.
This article provides general information only and should not be a substitute for seeking professional advice regarding your specific situation.
Dr Paul will be contributing regular articles to assist and advise PCBUs and their workers on the management of health and safety.
