University management used to table a report of workplace incidents. They have decided to withhold this information. Can they do that?
An employer must consult with HSRs when 'identifying hazards or risks' as required by section 35(1)(a) of our OHS Act.
If a 'workplace incident report' is not a mechanism for 'identifying a hazard or risk,' then what is it?
If the required consultation has not taken place, we strongly encourage you to formally raise the matter with your employer, and your union.
Under sections 69(1)(a)(i) of our Act employers are obliged to allow HSRs 'access to information relating to actual or potential hazards'.
We recommend citing section 35 regarding your employer's duty to consult and section 69 to compel them to share incident reports with you, when they're lodged.
Should that discussion prove unsuccessful, your employer's failure to consult is a legitimate reason for issuing a PIN, as is their refusal to share information relevant to the health and safety of members of your DWG - 2 PINs!
Sometimes, simply complaining about lack of consultation, or continuously asking an employer to consult without any progress, will not resolve the problem.
