Hi Renata – “My workplace uses organic solvents for a task that is performed in a specific part of the workplace. The 5 litre containers of organic solvent were stored in a large flammable liquid cupboard in the area until late last year when our workplace underwent significant reconfiguration. This saw the cupboard moved to another area of the workplace nowhere near the area where the task is performed. We now need to navigate through equipment and seating areas with these large containers, so staff have taken to using a normal cupboard in the area to store a few bottles that are in use. I have asked for a smaller solvent cupboard for the area and have been told it has been ordered but it has now been several months, and we are still waiting with no indication of when it will arrive. How should I address this issue moving forward?"
Your question indicates that you have already identified and reported the solvent storage cupboard situation as a hazard and have had some consultation with your employer about a resolution. This is a good start.
Your employer’s failure to follow through on an agreed control is concerning – but not unusual. As you are no doubt aware, your employer has a duty under s.21 of the OHS Act to provide and maintain a workplace that is safe and without risks to health and a s.35 duty to consult with employees / HSRs.
When following the issue resolution procedure it is common for HSRs to ask “how long is a reasonable time?” for issues to be resolved, and of course, what is reasonable will vary according to the organisation, the hazard and the chosen controls. Chemical storage cupboards may take a couple of months for delivery, but there are still things you can do to set your DWG’s minds at rest and be sure that your employer is not just ‘kicking the can down the road’.
I suggest that you re-visit the issue with management, ideally taking another HSR or other support person with you for the meeting, and record everything – you can use our Record of Consultation template (this is important so that you can prove that you have consulted if you need to issue a PIN). Before addressing the hazard with your employer take some time to speak with your DWG about the issue and what short-term or temporary controls you might want implemented while you wait for the hazard to be properly controlled.
Consider too, whether you would also like your employer to review their safety training and information to ensure that employees are not taking shortcuts with safety, such as storing chemicals in inappropriate places. You can find information and links to resources about the storage of chemicals in the workplace on our OHS Reps page Chemicals. You can also refer your employer to the Compliance Code: Hazardous Substances and the Code of Practice for Storage and Handling of Dangerous Goods.
Ask your employer to provide a copy of the completed and issued purchase order for the chemical storage cupboard and get some estimation of delivery time frames so that you can monitor the process. If your employer cannot back-up their statement that the chemical storage cupboard has been ordered and is on its way, it may be time to consider escalating the matter to the next step of the issue resolution procedure – the issuing of a PIN.
Consult first with your DWG and the HSRs of any other DWG affected by this issue to ensure that you are all agreed that this is the approach you want to take. It is important to present a united stance in these matters, so that your employer cannot play one group off against the other. I recommend contacting your Union directly for assistance and support in this process if you or other HSRs are not confident or experienced with PINs.
