Dear Renata
I recently found out that my employer has decided to remove the air purifiers from our offices and meeting rooms. I was given no notice of this, and was not consulted, even though I am the HSR. Does the employer have to give notice and engage in consultation before they roll out changes like this?
You are absolutely correct in questioning why your employer failed to consult with you, other HSRs and the OHS Committee prior to making – and starting to implement – their decision to remove the air purifiers from your workplace.
This is clearly a matter which can affect the health of employees, and therefore under section 35(1)(f) of the OHS Act your employer had a legal obligation to consult before making the decision to remove the air purifiers. There is a checklist you can use, or alternatively an interactive tool to ensure that consultation occurs.
My advice at this point would be to immediately contact your employer and request that the removal of the air purifiers not go ahead until such time as the duty to consult has been fulfilled. Request a meeting as soon as possible and request a response (i.e. time and date of meeting) by COB of the day you contact them. Alert the employer that if they do not agree to this, then you will issue a PIN for failure to consult.
Also, alert the employer that if the air purifiers are removed, you would be concerned that by doing so the health of employees will be put at risk. This is because COVID is still an issue, with the number of cases and hospitalizations high. There have been almost 5,000 new reported cases in Australia in the past week – an increase of 26% from the previous week! In addition, there are other viruses, such as the flu and RSV which are of concern. The removal of the air purifiers removes one of the important workplace controls.
At the meeting – which hopefully they will convene asap before taking any action to remove the purifiers, I would be putting the following:
- Why were the air purifiers installed in the first place? For OHS reasons, and to reduce the risk of the COVID virus spreading
- What has led the employer to make this decision? What evidence do they have that the risk has reduced?
- Why was there no consultation?
In the case that the employer does not agree to consult prior to taking action OR that they go ahead and remove the purifiers, then I would consider issuing two PINs – one for the failure to consult, and the second for the increased risk of workers contracting COVID/flu/RSV due to the removal of the air purifiers.
