Hi Renata - I have recently issued 2 PINs against my workplace and gave them to my senior manager. Now he has requested a meeting and said that he will be bringing four senior managers plus the HR manager. I feel bullied and overpowered for exercising my rights as HSR. Is there anything I can do?
Thank you for reaching out about your HSR experience in the follow up to issuing PINs to your employer’s representative. A meeting with six managers does sound extremely intimidating.
You have a right under s.58(1)(f) of the OHS Act to seek the assistance of any person. This power enables HSR to have assistance when performing their role, including when negotiating agreed procedures, issue resolution and hazard controls, and resolving PINs. This means that you could request to bring along to the meeting anyone (for example DWG member) who has raised the issue or has an in-depth understanding of, or knowledge relating to, the issue.
If there are other HSRs at your workplace, or at a nearby station, you should seek support in the meeting from one or more of those HSRs – if the OHS matter on which you have issued the PINs affects more than just your own DWG then it is important that the HSRs of other affected DWGs also be part of the consultation about the resolution of those matters. Where safety issues affect many DWGs, a collective response is always the best approach.
Speak to your union delegates today as well – they should be there to support you in the meeting, and you can also seek assistance from your union organiser for support.
Let your manager know that you will communicate with the other HSRs and delegates about their ability to attend the meeting with you and request to re-schedule if necessary.
In a meeting with five senior managers and HR it would not be unreasonable for there to be a couple of other HSRs, delegates and maybe even an organiser in attendance. I encourage you to refer to s.58(1)(f) if you encounter any resistance from management when requesting the presence of support at the upcoming meeting.
It is very important that you keep a record of any discussions or other communications about OHS matters – you can use our Record of Consultation template.
Of course, any party to a PIN also has the option at s.63 of the OHS Act to ask WorkSafe to arrange for an inspector to attend at the workplace to enquire into the circumstances of the subject of the notice.
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We are happy to report that following the provision of this advice we received a follow up letting us know that the information provided enabled the HSR to conduct the meeting with management along with the support of two other employee representatives. It was a respectful and constructive meeting, and the parties will reconvene tomorrow with a WorkSafe Inspector.
