Hi Renata – Our employer has recently introduced new work processes into our workplace with no consultation. Our employer said that a ‘feedback email’ was sent a year ago and there is no set method for how consultation needs to take place.
It sounds like your workplace has some issues with consultation and poor change management.
Whilst there may be “no set method for how the consultation needs to take place”, there is very clear guidance on the expectations from WorkSafe, and from what you describe it seems unlikely that your employer is achieving those expectations. Consultation does not mean telling the HSR about a decision or action on a health and safety matter after it has been taken and using the results of a 1-year-old survey without any further explanation also rings alarm bells although without more information it is impossible to be more definitive. WorkSafe has provided substantial guidance on what good consultation should look like.
To assist employers in understanding their duties and obligations around issue resolution, employee representation, HSR rights and powers and consultation WorkSafe publish the Guide to Part 7 - Employee representation handbook for workplaces (share a link with your safety advisor). It provides plain language guidance on how to consult with HSRs.
When consulting with an HSR about an OHS matter:
- Share information with the HSR about the OHS matter - For consultation to be meaningful, employers must share all relevant matters involving employees’ health and safety with employees and HSRs. This information should be provided in a timely way so that the employees and HSRs have adequate time to consider the matters, discuss them and then provide feedback to their employer.
Unless it is not reasonably practicable, employers must provide this information to HSRs at a reasonable time before it is provided to employees.
Relevant information should be in a form that employees and HSRs can easily understand. Employees and HSRs may need information such as technical guidance about workplace hazards and risks (plant, equipment and substances), and information about how work is organised (systems, data reports, procedures and guidance material).
Information should not be withheld just because it is considered technical or difficult to understand.
Employees and HSRs should be given time to process and seek advice on any information they have been provided.
Employers should also have a way to consult with employees from culturally or linguistically diverse backgrounds.
- Give the HSR a reasonable opportunity to express their views about the matter - Opportunities must be provided for employees and HSRs to express their views about health and safety matters.
Where there are HSRs, the employer must invite and meet with the HSRs or meet with the HSRs at their request.
A number of meetings may be required, depending on the matters involved.
Employees and HSRs should be encouraged to ask questions, raise concerns, propose options, make recommendations and be part of the problem-solving process.
- Take the HSRs views into account - Employers must take employees and HSRs views into account.
Before a final decision is made, employers need to respond to concerns and questions raised by employees and HSRs and give feedback to employees and HSRs about options that were considered. They should explain to employees and HSRs the final decision or course of action and why it has been taken.
If your employer’s version of ‘consultation’ does not align with the guideline above, you may want to request that the consultation process begin again. You can formally request consultation using our Consultation Email. And don’t forget to keep a record of everything – you can use our Record of Consultation, or the Checklist for health and safety consultation | WorkSafe Victoria version which is designed for employers and includes prompts to remind them of what good consultation looks and sounds like.
Poor management of the implementation of new work systems / processes is a psychosocial hazard that you can report through your workplace’s hazard/incident reporting system. To help you understand what poor change management and other psychosocial hazards are and how to manage them, you can refer your employer to the Compliance Code: Psychological Health and to the Poor organisational change management fact sheet.
As psychosocial and work system related hazards are generally hazards that affect the whole workplace, I encourage you to consult with both your DWG members and the other HSRs at your site (or other sites affected by the proposed change). Addressing these hazards collectively will gives you so much strength and confidence when negotiating with your employer – you can confidently say “DWG members are of the view….” which immediately lets your employer know that they are dealing with a collective of workers.
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!