Hi Renata – What documentation does my employer need to provide when they say they have fixed a safety issue? My employer has provided a word document listing 3 of the 5 safety allegations with the word ‘Unsubstantiated’ next to them and nothing else. Is that in line with the requirements of the Act?
Your question has 2 parts.
Firstly, simply declaring an issue to be unsubstantiated does not make it so. Without knowing the issues that are in question, using the word ‘unsubstantiated’ when discussing hazards and risks can be problematic. It refers to the evidentiary status of a claim rather than the existence of risk. That being said it may be appropriate if investigating allegations of unsafe behaviours.
You should ask for the reasoning behind your employer’s determination. It is important to note that your employer has a duty under s.35 of the OHS Act to consult with HSRs and employees in situations such as resolving safety hazards and requires the employer to share information. If you believe that your employer is in contravention of the Act by failing to adequately control risk, you can use your HSR powers to issue a provisional improvement notice (PIN).
The matters which may be recorded when the issue resolution process has resolved the issue may include:
- What the issue is – it is important to clearly define the issue
- What is/are the proposed solution/s to resolve the issue – what will be done and who will do it
- Who was consulted throughout the issue resolution process
- Who is responsible for ensuring the solutions are correctly implemented
- How will affected parties be informed of the outcome
- How and when will the success of the controls be reviewed
Some organisations have their own templates for recording these matters –we also have a HSR-friendly Record of Consultation form and WorkSafe has a Checklist for health and safety consultation for employers to use that includes a helpful reminder of when they must consult and what that consultation must look like, as well as prompts and spaces to record the details of the issue resolution. WorkSafe’s Guide to Part 7 - Employee representation handbook for workplaces provides more information for employers on the issue resolution process, consultation and the employee representation process. Feel free to share these links with your employer when you request that they consult with you about the identified hazards.
I cannot tell from your query whether you have an employee health and safety representative (HSR) or if you are a union member. If you do have an HSR in your workplace you can report this issue directly to them for follow up, or if you are a union member you can contact the union for support and guidance. You may also call WorkSafe 1800 136 069 for advice if your employer does not respond to your request for adequate documentation of how the issues have been consulted on and resolved.
If you have any questions about OHS we encourage to fill out an Ask Renata query and one of our officials will get back to you shortly. Alternatively give Ask Renatabot a try!