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(1) The purpose of this procedure is to ensure the process for consultation, effective communication, and participation in workplace health and safety (WHS) aspects at Southern Cross University (SCU) are appropriately managed and controlled. (2) The purpose of this procedure is to ensure Southern Cross University’s management, employees, contractors, students, visitors and others are aware of the process for consultation, effective communication, and participation in workplace health and safety (WHS) aspects, management strategies and to provide advice on appropriate controls. (3) The processes in this procedure are to be followed at such a time when all open avenues for issue resolution have been exhausted. This includes, but is not limited to: (4) All employees, students and others including both independent contractors and contractors under SCU control are to be made aware of and follow this procedure. (5) This Procedure applies to all SCU Work Units and sites. The procedure aligns with WHS legislation in the relevant jurisdictions SCU operates in. (6) SCU is required to communicate and consult with employees at all levels (and including contractors, subcontractors, labour hire or temporary employees, work experience staff, students on placement, volunteers, and other duty holders). (7) According to the WHS Act (2011), consultation with employees is required in the following situations: (8) Consultation with employees is important because a safe and productive workplace is more easily achieved when they are consulted during decision making. At times, managers and other supervisors may not fully understand the risks involved with undertaking the university’s frontline work activities. Asking employees to share their views, experiences, and suggestions provides a direct way of shaping better decisions and also more accurately determining the WHS impact and risks of workplace changes. Consultation is especially important when there are multiple duty holders (e.g., building management and a building tenant) and where the roles and responsibilities for WHS could become unclear or assumed. (9) Consultation provides an opportunity to use the knowledge and experience of SCU employees to achieve a safer and healthier workplace. Consultation on WHS is a two-way process between SCU and its employees and other interested parties. Effective consultation enables all parties to approach, talk, listen, share, discuss and consider each other about decisions being made. (10) An employer must consult with their employees and other relevant interested parties when their health and safety is likely to be or is affected by a situation. (11) SCU shall consult with its employees and relevant interested parties when: (12) The Head of Work Unit will identify all relevant workgroups within their area of responsibility through consultation with employees. More than one workgroup may be present in a Work Unit, due to factors such as: (13) SCU will encourage the election of HSRs from each workgroup within each campus. The process for establishing workgroups, electing HSRs, training them on their responsibilities, and holding WHS Committee meetings is outlined on the relevant state regulator websites with links to the varying bodies listed in the reference section of this Procedure. (14) It is the responsibility of each workgroup to review the applicable requirements for electing HSRs in a fair and transparent manner, and formalise the HSRs’ role through the provision of appropriate training and support. (15) All records relating to the communication requesting HSR nominations, holding elections, and communication of elected members to workgroups shall be saved in RiskWare. In both Queensland and New South Wales, the WHS legislation specifies that the university must notify the respective regulators (via an online portal: https://onlineservices.oir.qld.gov.au/hsr-web/ and https://hsr.safework.nsw.gov.au/) of all elected HSRs. The SCU WHS Team will perform this notification on advice from the relevant Head of Work Unit. (16) Once the HSRs are elected, they are entitled to attend approved HSR training courses to understand and fulfil their roles and responsibilities. Once trained, it is the Head of Work Unit responsibility, with the support of the SCU WHS Team, to ensure HSRs are provided with the relevant information regarding hazards and risks affecting their workgroups and allowed time and access to partake in inspections, incident investigations and consult with their fellow employees and interested parties on WHS matters and issues that may arise. (17) In Queensland, it is a legal requirement for all HSRs to receive an initial 5-day HSR training program from an approved registered training organisation (see: https://www.worksafe.qld.gov.au/licensing-and-registrations/work-health-and-safety-training/health-and-safety-representative-training) within 28 days of being elected (unless such a program is not reasonably available). If the employee refuses or is unable to attend within 28 days of election, then they must be replaced. (18) In Queensland, all HSRs must attend a mandatory one-day refresher course at least every 12 months, starting from the date of the initial training participation. (19) Note that in New South Wales, HSRs are entitled to attend an initial 5-day course and annual refreshers, but this is not a mandatory obligation. (20) The SCU WHS Team, in conjunction with the Heads of Units, will coordinate HSR training programs with a suitable provider. (21) Heads of Work Unit will ensure that HSRs are given the support and resources needed to perform their role effectively, including the following as a minimum: (22) In addition to the Workplace Health & Safety Committee, SCU shall also establish a HSRC to formally discuss relevant WHS issues and matters. The SCU Management and the elected HSRs and employee representative members shall sign the HSC Constitution (WHSMP07 – GUI – 02) to formalise the commitment to the continual improvement of the university’s performance. The HSC Constitution outlines the process and roles and responsibilities of each member as agreed between all parties. (23) It is expected that SCU will hold regular HSR Committee meetings, no less than every quarter. HSR Committees are to be made up of employee representatives and guests/SCU Management representatives. During HSR meetings the Committee should consult on all relevant WHS issues, including but not limited to, the following aspects: (24) The WHSMP07 – FOR – 01 - HSR Meeting Minutes template is to be used to formally record the minutes from HSR meetings. (25) Resolution of health and safety issues applies if a matter about work health and safety arises at a workplace and the matter is not resolved after discussion between the parties to the issue. (26) The parties must make reasonable efforts to achieve a timely, final and effective resolution of the issue in accordance with the relevant agreed procedure. (27) SCU must allow all the parties to the issue to enter and remain at the workplace for the purpose of attending discussions with a view to resolving the issue. (28) All hazards or health and safety issues are to be recorded into RiskWare. (29) The following will be involved in the issue resolution process as required: (30) The relevant supervisor will ensure that the representative (if any): (31) If an employee/s identifies a hazard or health and safety issue they have a duty, so far as they are reasonably able, to resolve it and not potentially put others within the workplace at risk. The employee/s will advise the relevant leading hand, supervisor or manager of their work group of the identified issue. (32) The supervisor or manager of a work unit will consult with the employee/s and commence completing a WHSMP07 - FOR - 02 - Record of Consultation, Communication and Issue Resolution. (33) A written agreement will be prepared using the above form and all management representative and employee/s to the issue will be satisfied that the agreement reflects the resolution of the issue. (34) A copy of the written agreement will be provided to: (35) Completing a record of consultation and communication is to be followed at such a time when all open avenues for issue resolution have been exhausted. This includes, but is not limited to: (36) Where relevant and appropriate it will be discussed at WHS Committee meetings or WHS meetings. (37) If unresolved, a record of consultation, communication and issue resolution with employees will be recorded on WHSMP07 - FOR - 02 - Record of Consultation, Communication and Issue Resolution with employees. (38) The supervisor or manager of the work group will complete details of the initial meeting stating – date, department, advised by employee/s, contact number, reason for consultation, consultation conducted (describing the process and management representative present) and whether a resolution had been reached. (39) If a resolution has not been reached concerning the issue, the supervisor or manager of the work group will escalate the issue to a higher authority in management for that work unit. (40) If a resolution has been reached, the supervisor or manager of the work unit will complete the Action Taken on Resolution of Issue Section (41) The agreed resolution regarding the issue will be communicated by management to all persons involved within 7 days. (42) The supervisor or manager of the work group will complete details of the date escalated, escalated by employee/s, department, employee/s escalated to, the reason for escalation, consultation conducted (describing the process and management representative present) and whether a resolution had been reached. (43) If a resolution has not been reached concerning the issue, the higher authority of the workgroup will repeat the process and escalate the issue to a higher authority in management for that workgroup. (44) If a resolution has been reached, the supervisor or manager of the work group will complete the Action Taken on Resolution of Issue Section. (45) The agreed resolution concerning the issue will be communicated by management to all persons involved within 7 days. (46) This process is to be repeated until a resolution has been reached or a request has been made to the regulator to mediate. (47) If a resolution has been reached, the Head of Work Unit will communicate the resolution via feedback to all relevant parties such as the Workplace Health & Safety Committee, the relevant HSR for that work group and the issue originator. (48) The agreed resolution concerning the issue will be communicated by management to all persons involved within 7 days. (49) If an issue has not been resolved after reasonable efforts have been made to achieve an effective resolution of the issue. A party to the issue can ask the regulator to appoint an inspector to attend the workplace to assist in resolving the issue. (50) A request to the regulator does not prevent: (51) The HSR, supervisor or manager can ask the regulator to appoint an inspector to attend the workplace to assist in resolving an issue arising concerning the cessation of work. (52) When determining the applicable means of communication with employees and other relevant interested parties, the following methods will be considered, with the most appropriate method(s) selected based on the needs of the applicable workforce segments: (53) Where it is necessary to consult employees and relevant interested parties on WHS matters, the Head of Work Unit, or other member of the SCU Management, may call a meeting for the sole purpose or adding the item to the agenda of a routine team or department meeting. (54) To balance breadth with depth of workforce consultation, the university may use multiple or specific methods. These methods can include, but are not limited to, the following: (55) Where there is a shared duty to manage WHS, each duty holder retains their original obligations and must independently discharge them to the best of their ability. Further, each duty holder involved must consult each other, cooperate, and coordinate as required to ensure WHS risk is managed effectively. Each duty holder must clearly understand how their independent and combined activities might impact WHS for their respective workforces. (56) Examples of consultation with other duty holders: (57) The SCU Council has the following WHS responsibilities: (58) The SCU Vice Chancellor has the following WHS responsibilities: (59) Vice Presidents/Pro/Deputy Vice Chancellors have the following WHS responsibilities: (60) The Head of the Work Unit has the following WHS responsibilities: (61) Managers and Supervisors have the following WHS responsibilities: (62) All employees have the following WHS responsibilities: (63) The WHS Manager has the following responsibilities: (64) WHS Business Partners have the following responsibilities: (65) All relevant documentation will be recorded online and kept in accordance with WHS Legislation and other legislative obligations including: (66) This procedure will be reviewed as per nominated review dates or because of other events, such as: WHSMP07: WHS Consultation, Communication and Participation Procedure
Section 1 - Purpose and Scope
Section 2 - Definitions
Top of Page
Section 3 - General Principles
Background
Consultation
Identification of Workgroups
HSR Training & Refreshers
Supporting HSRs
HSR Committee (HSRC)
Issue resolution
Parties to an issue
Completing a record of consultation and communication with employees
Completing initial meeting
Escalated to higher authority
Referral of an issue to a regulator
Request to regulator to appoint an inspector to assist
Methods of communication
Methods of consultation
Consulting with other duty holders
Top of PageSection 4 - Roles and Responsibilities
University Council
Operational Responsibilities
Vice Presidents/Pro/Deputy Vice-Chancellor
Head of Work Unit
Managers and Supervisors
Employees
WHS Team
WHS Manager
WHS Business Partners
Top of PageSection 5 - Records of Documentation
Top of PageSection 6 - Revision and approval history
Top of PageSection 7 - References
Top of Page
Section 8 - Related Documents