Resolving issues

It is inevitable that issues will arise regarding health and safety at the workplace, and issues will also arise between workers and managers. The sooner the issues are resolved effectively – with or without third party assistance – the better.

What is an issue

An ‘issue’ is any concern about health and safety at the workplace that remains unresolved after consultation with the affected workers and the PCBU has occurred.

Who is involved in resolving a work health and safety issue

The following people must be included in resolving a work health and safety issue:

• the PCBU with whom the issue has been raised or their representative
• any other PCBU or their representatives who is involved in the issue
• where at least one worker in a work group is affected by the issue, their health and safety representative (HSR) or the HSR’s representative
• where at least one worker who is not in a work group is affected by the issue, the worker(s) or their representative.

A representative of a party, for example a union official, may enter the workplace for the purpose of attending discussions with a view to resolving the issue if workers request their assistance.

What to do when an issue occurs in the workplace

The aim is to resolve the issue as soon as can reasonably be achieved to avoid further dispute or a recurrence of the issue or a similar issue.

The intention is that issues should be resolved ‘once and for all’ to the extent that is possible in the circumstances.

There are specific laws about resolving issues that arise at the workplace.  Here we summarise those laws and give you some practical tips.

Agreed procedure

The WHS Act encourages PCBUs to agree on issue resolution procedures with their workers. If there are no agreed procedures, the default procedure for issue resolution under the WHS Regulation must be followed. You should have a written agreed procedure for resolving issues at the workplace. At a minimum, it must include what’s outlined below and be explained to everyone it applies to.

Default procedure

If there is no written agreed procedure is in place, the requirements set out in the WHS Regulation should be followed until a written agreed procedure is in place, any worker, health and safety representative, manager or third party representative can commence an issue resolution process by telling others about the nature and scope of the issue that concerns them.

As soon as parties are told of the issue, all parties must meet or communicate with each other to attempt to resolve the issue.

Each party then considers how the issue affects others and how many people it affects.

The parties must take into account all relevant matters including:

• the degree and immediacy of risk to workers or other persons involved in the issue
• the number and location of workers and other persons affected by the issue
• the measures (both temporary and permanent) that must be implemented to resolve the issue
• who will be responsible for implementing the resolution measures.

If the issue is resolved, a party can request a written agreement. The agreement must outline the issue and its resolution.

If reasonable efforts are made to resolve an issue and it remains unresolved, any party to the issue can ask SafeWork NSW to appoint an Inspector to assist in resolving the WHS issue at the workplace.