Hi Renata – Our roles at work have recently changed, with many of us working in new areas, as a result of an ‘organisational restructure’. Because of this a lot of operators feel that they lack the knowledge and skills to safely perform their daily work. Requests for training have resulted in management handing out a safe work instruction (SWI) and advising workers to learn from each other. Although the SWIs explain how the tasks are to be done, we don’t feel like this is an appropriate substitute for proper training. I think this situation is now also creating a psychological hazard, with DWG members reporting anxiety, insomnia and headaches.
One of your employer’s key duties at s.21 of the OHS Act is to provide such information, instruction, training or supervision to employees as is necessary to enable them to perform their work in a way that is safe and without risks to health. And of course, the Act’s definition of health includes psychological health.
I recommend that before you meet with management to discuss this you should consult with your DWG members and then speak with the other DWG HSRs to develop a plan to collectively approach this hazardous situation. Brainstorm some outcomes that your DWG members consider acceptable to ensure that they receive the training they need to feel comfortable to safely perform their work, including the bare minimum that they would reasonably accept as a solution. This is also a good time to involve your union delegate and/or organiser.
Consider gathering some ‘data’ to support your case – e.g. Have there been incidents related to inadequate training? Can you document your DWG members anecdotal experiences. Try surveying your DWG members – some people are more comfortable disclosing their experiences when they have anonymity. You can create your own focused survey (it could just be a couple of key questions) or you can use and modify our Psych Hazard Survey or Work Stress Questionnaire.
Also, encourage your DWG members to make a report to your workplace’s hazard/incident reporting system every time a hazard arises as a result of this lack of training – both the physical and the psychological. The Compliance Code: Psychological Health is a useful resource to help your DWG members understand what psychosocial hazards can look like. You can find more information about psychosocial hazards at our OHS Reps Psychosocial Hazards page.
Once you are clear on your DWG members’ thoughts about this issue, request that your employer meet and consult with you (and other affected HSRs across the organisation) as per their duty at s.35 – you can formalise your request using our Consultation Email template. You can include in your email a request per s.69(1)(a) to access to any information they may have about the restructure and the lack of training – e.g. risk assessments, training records, incident reports, etc. Further clarification about what types of information your employer is obliged to allow you to access is included in the Guide to Part 7 - Employee representation handbook for workplaces.
The Guide to Part 7 also includes a description of what good consultation with HSRs should look like – WorkSafe also publishes a consultation checklist that makes it clear to employers how they should fulfil their consultation duties. You should always keep your own safety consultation checklist and record of consultation.
It is likely that your employer has not conducted a risk assessment into either the restructure or their training practices – prompt them to do so now and remind them that they must consult with affected employees and their HSRs in that risk assessment process. When conducting a risk assessment WorkSafe's Compliance Code: Psychological Health says that employers should consider the following:
· Likelihood: How likely is exposure? Is it a one-off, or does it build up over time?
· Duration and frequency: How often and for how long are workers exposed, such as daily, at peak times or during set tasks?
· Severity: How bad could the harm be, from short-term harm to lasting injury?
· Who is most at risk: For example, new or young workers, casual and fixed-term staff, or people already facing several hazards.
· How hazards interact: For example, high job demands combined with low job control and poor support make harm more likely and more severe.
· Scope: Does the risk apply across the whole organisation, or to specific teams, tasks, locations or designated work groups?
The Code also says employers should do a formal risk assessment when it is unclear whether the hazard could cause psychological harm, when existing controls aren't working, and when changes are planned that could affect any current controls. Assessments should use real data, such as focus groups, interviews and de-identified surveys, and should cite the evidence used to make decisions. The people performing the assessment need access to the right knowledge, and if they don't have it, the employer should obtain suitably qualified help s.22(2)(b) to assist them in understanding and managing the hazard.
It must be remembered that a risk assessment is an ongoing process, and not a one-off, once-and-done task. It is also important to remember that when managing psychosocial hazards the controls should fix the work, not the worker. Controls should focus on how work is designed and organised, following the modified hierarchy of controls. As well as ensuring that appropriate training is provided for all work performed at your workplace, your employer should also prepare a Prevention Plan for Psychosocial Hazards. This will step them through the risk assessment process and prompt them to consult at every step.
Of course, should your employer fail to address the training issue or refuse to consult with you about it, you can exercise your HSR power to issue a PIN. Before taking this step, I recommend reviewing your DWG status and your HSR jurisdiction – see our recent HSR Alert. Contact your union organiser for support and guidance through this process.
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!