Page 210 - Week 02 - Thursday, 25 May 1989
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
Once the DWGs have been formed the employer is required to notify the employees of their formation and to which each employee has been allocated. Each DWG then selects an occupational health and safety representative and deputy occupational health and safety representative by normal meeting procedure. Every member of the DWG is eligible to vote and stand for office but representatives must be members of the DWG which elects them. Provision will exist for the registrar to repeat the election on request of an employer, or 25 per cent of the employees in the DWG, where either has a problem with the selection.
Occupational health and safety representatives represent the workers of their DWG in day to day hazard issues which may arise. If they are to make a meaningful input into ensuring safe work systems, and given their powers under the legislation, it is clearly desirable that they receive an appropriate level of training.
The representative has no special legal duty to detect hazards or to act in respect of them. Employers should not therefore rely on a representative to make the workplace or system of work safe and healthy. This is a responsibility that rests with the employer.
Where representatives find a hazard in the workplace then they may negotiate with the employer for the elimination of the hazard. If those negotiations do not resolve the problem then the representative can issue a provisional improvement notice to the employer requiring that the hazard be remedied. In some limited situations where there is an immediate danger and where management is not present they may order that the work in the affected area stop.
Where an occupational health and safety representative issues a provisional improvement notice to an employer, the employer is required to carry out action to remove or remedy the hazard in accordance with the PIN - that is the provisional improvement notice - and within the time frame specified. Where the employer disagrees with the PIN or disputes its terms, then the employer may request that an occupational health and safety inspector from the registrar's office attend and review the PIN. The inspector then reviews the PIN and confirms, varies or revokes it. Either party may then ask the registrar to review the inspector's decision and/or appeal to an appeal body.
It is envisaged that occupational health and safety representatives will generally provide support to management in its occupational health and safety role by encouraging fellow workers to view positively measures introduced for their own health and safety. Deputies will stand in for the representatives when they are absent.
I have said already that employers with 10 or fewer employees are exempted at this stage from the obligation to
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .