Contribute to Implementing and

Maintaining WHS Consultation and

Participation Processes

BSBWHS403: Assessment 1

Semester 1, 2019

Maung Maung SOE,

SID: 802653743
15 February 2019
Maung Maung SOE BSBWHS403 Assignment 1

Table of Contents

Executive Summary ................................................................................................................................ 7

1.0 Introduction ....................................................................................................................................... 8
2.0 Purpose and Function of HSR, HSC and Others ............................................................................... 8
2.1 HSR (Health and Safety Representative) ...................................................................................... 8
2.2 HSC (Health and Safety Committee) ............................................................................................ 8
2.3 Other agreed arrangements ............................................................................................................ 9
3.0 Legal Requirement to Consult ........................................................................................................... 9
4.0 PCBU legally required to consult .................................................................................................... 10
5.0 Benefits from Consultations ............................................................................................................ 10
6.0 Dispute resolving steps .................................................................................................................... 11
7.0 WHS Consultation in workplace ..................................................................................................... 11
8.0 WHS Information and Communication Strategies .......................................................................... 13
9.0 Barriers and Solutions ..................................................................................................................... 13
10.0 WHS Consultation Training .......................................................................................................... 14
11.0 Conclusion ..................................................................................................................................... 14
12.0 Recommendation ........................................................................................................................... 15
13.0 Bibliography .................................................................................................................................. 16
14.0 Check Lists .................................................................................................................................... 16

Result slip number: S0618503

Name: Maung Maung Soe

Course: 357-R7104V01 Statement of Attainment in Introduction to WHS

Subject: BSBWHS403 edition 2 - Contribute to implementing and maintaining WHS

consultation and participation processes

LA number: LA020439

LA name: BSBWHS403 - Assessment 1

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Maung Maung SOE BSBWHS403 Assignment 1

Marking teacher: John Davies

Student feedback

Dear Maung,

Solid effort that has gained a satisfactory pass

*Please read the comments written down below they are given to help guide in the understanding
learning criteria

*It is important to clearly identify the question and number you are answering.
It is Suggested that you put the question asked in bold type followed by your answer.

*Research is the key, the more you do the more knowledge is gained, the better the understanding,
the better the WHS professional you can become the better the job, the more money you earn.

Go to the OLS learning resources and under the learning guide materials click on the link to the WHS
Research centre library site there you will find your regulator and research information.

There you will find power points for 8 of your 10 units.

Also, the Australian standards can be accessed from Safework Australia tab by using your user name
& password that gets you onto the OLS site for only the cost of the paper to print it out.

Task

Prepare a report to the General Manager of your organisation that explains the following
information:

1. Purpose and function of:

• HSR (Health and Safety Representative)

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• HSC (Health and Safety Committee)

• Other agreed arrangements. Just developing your answer

Good answers on all 3 options.

WHS Act 2011 references

3rd option is Other agreed arrangements. Sections 46, 47 & 48.

Example Toolbox/Start -up meetings chaired by the Officer of the PCBU with workers having direct
contact.

Toolbox/ Start-up meeting are good examples of other agreed arrangements.

As the name implies the agreement is between the PCBU and their worker.
Then sanction by the Regulator Safework NSW.

HSR’s Sections 50 to 74

H&S Committees Sections 75 to 79

2. The legal requirement to consult (‘duty to consult’) in the workplace regarding matters of
health and safety. Ensure that you cite the appropriate sections of the Act as applicable in your
State/Territory.

Solid answer

Best approach here is to identify the correct section of the WHS Act

The specific section of the WHS Act is Section 47

47 Duty to consult workers

(1) The person conducting a business or undertaking must, so far as is reasonably practicable,
consult, in accordance with this Division and the regulations, with workers who carry out work for the
business or undertaking who are, or are likely to be, directly affected by a matter relating to work
health or safety.

Maximum penalty:

(a) in the case of an individual—$20,000, or

(b) in the case of a body corporate—$100,000.

(2) If the person conducting the business or undertaking and the workers have agreed to procedures
for consultation, the consultation must be in accordance with those procedures.

(3) The agreed procedures must not be inconsistent with section 48.

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3. When is a PCBU legally required to consult with its’ workers regarding matters of safety?

Solid answer

Best approach here is to identify the correct section of the WHS Act

Here you need to be specific in what section of the WHS Act it is Section 49

Consultation under this Division is required in relation to the following health and safety matters:

(a) when identifying hazards and assessing risks to health and safety arising from the work carried out or
to be carried out by the business or undertaking,

(b) when making decisions about ways to eliminate or minimise those risks,

(c) when making decisions about the adequacy of facilities for the welfare of workers,

(d) when proposing changes that may affect the health or safety of workers,

(e) when making decisions about the procedures for:

(i) consulting with workers, or

(ii) resolving work health or safety issues at the workplace, or

(iii) monitoring the health of workers, or

(iv) monitoring the conditions at any workplace under the management or control of the person
conducting the business or undertaking, or

(v) providing information and training for workers, or

(f) when carrying out any other activity prescribed by the regulations for the purposes of this section.

4. List five benefits to an organisation of consultation regarding matters relating to safety.

Solid attempt.

These are all good points for construction industry would lead to a more positive culture.

5. List the steps to be followed in resolving a dispute over a matter of safety in the workplace.

Good effort

Would add the three sections WHS Act compliance reference

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Division 5 Issue resolution

80 Parties to an issue

81 Resolution of health and safety issues

82 Referral of issue to regulator for resolution by inspector

6. Keeping in mind the three formal options of WHS Consultation addressed in point 1 above,
identify the most appropriate form of WHS/OHS consultation for your workplace, based on the:

• nature of the business

• number of people

• tasks that they perform

• hours/shifts that are worked, and,

• any other relevant circumstances.

Good picture of what happens in the workplace.

Here your answer needs corrective action that will lead to positive culture, continual improvement
and best practice

Introduction of incident risk register would make these ideas formal record

Where shift work is involved the option of a Toolbox meeting would need to be chaired by the site
Officer of the PCBU (Senior Manager)

Where all workers attend face to face is not delivered through a third party.

7. What communication strategies can your organisation put in place to make health and safety
information and data available to all persons in the workplace?

Solid strategy

8. Identify any barriers in your workplace that impede on effective workplace consultation, and
strategies on how you could remove them

Good detailed answer highlighting each barrier

Would add the key code of practice Work health and Safety consultation, cooperation & coordination

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Good strategy for management to adopt leading by example and engaging with their work force.

Auditing is the key

9. What responsibilities under the legislation does the PCBU/employer have in providing WHS
consultation training to HSR’s and HSC members?

Solid answer

The answer lies in section 72 Obligation to train health and safety representatives

H&S committee members under the WHS Act are not required to be trained.

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Executive Summary

The purpose of this report is noticing the benefits of consultation in the workplace related to
WHS issues. The main focus in this report will be legal requirement of consultation according
to WHS Act 2011 and WHS Regulation 2017, and identifying who need to be consulting in
the workplace. This further explores legal requirement to consult by PCBU, HSR, HSC and
work groups including benefits and barriers to consider and strategies to distributed WHS
information. A workplace sample of consultation procedure is provided. In conclusion, after
researching these areas we have explored the benefits of consultation.

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1.0 Introduction

The rise of using consultation process in the workplace become more benefits to the
employers due to a legal requirement and an essential part of managing work health and
safety in the Australian work environment. These consultations give an opportunity to talks,
contribute the ideas and involve in investigating process for everyone in their workplace. The
aim of this report is the important of consultation as a legal requirement for PCBU, HSR and
HSC and when to consult, who to consult and how to consult. This can be seen from session
two to ten.

2.0 Purpose and Function of HSR, HSC and Others

2.1 HSR (Health and Safety Representative)

WHS Act 2011 Part 5, Division 3, Section 50-74

Health and Safety Representatives (HSRs) are the people who are involved in WHS issues
consultation process between employer and employees by representing a specific work group.

The functions of HSR will be

 representing workers on health and safety matters
 making recommendations on health and safety
 investigating complaints and risks to worker health and safety
 monitoring health and safety measures taken by the PCBU
 giving feedback to the PCBU about how it is meeting its duties

2.2 HSC (Health and Safety Committee)

WHS Act 2011 Part 5, Division 4, Section 75-79

A health and safety committee (HSC) is a consultative forum established in accordance with
the legislation. The role of the HSC is to facilitate co-operation and consultation on WHS
matters.

The main functions of the HSC are to:

 facilitate co-operation in developing and carrying out measures to improve the

safety of workers
 help develop health and safety standards, rules and procedures.

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2.3 Other agreed arrangements

WHS Act 2011 Part 5, Division 1, Section 46
WHS Act 2011 Part 5, Division 2, Section 47-49

The following arrangements could be done in the workplace if they have only either HSR or
HSC.
 procedures for reporting incidents and hazards
 opportunity to raise WHS issues
 regular scheduled meetings
 team meetings (where work health and safety is always an agenda item)
 one-off meetings
 tool box talks
 face to face discussions
 briefing sessions.

3.0 Legal Requirement to Consult

WHS Act 2011 Part 5, Division 2, Section 47-49 and subdivision 6, Section 70-74
WHS Regulation 2017 Chapter 2 Clause 16-23

As per above NSW WHS Act 2011 employers are required to document the WHS
consultation and its arrangements between employer and employees. All workplaces must
comply with this legislation to provide a healthy and safe environment for employees,
contractors and visitors.

This Act provides for workplaces to choose to establish one or more of the following for
consultative purposes:
 OHS Committee
 OHS Representative
 Other Agreed Arrangements

The key stakeholders in the OHS Consultation Process in the workplace are:
 Owner/Director/s
They are required to consult with their managers and staff and OHS committee
members and OHS representatives covering the workgroups in their control.
 Managers
They are also required to consult with their staff and OHS committee members
and OHS representatives covering the workgroups in their control area. Another
duty is to facilitate OHS consultation arrangements of other employers and
employees working with them.
 OHS representatives
Their duty is to facilitate OHS consultation arrangements of other employers and
employees working with them.

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 Supervisors
Supervisors must consult with their staff, OHS committee members and OHS
representatives covering the work groups in their areas.
 Employees
It is employees duties to consult with their supervisors and managers and the OHS
committee members and OHS representatives covering the work groups in their
areas.

4.0 PCBU legally required to consult

WHS Act 2011 Part 2, Division 3, Section 20-26, 46-49, 52, 75

WHS Regulation 2017 Chapter 4 Clause 65-77

Consultation on WHS matters is required:

 when identifying hazards and assessing risks arising from the work being carried
out or to be carried out;
 when making decisions about ways to eliminate or minimise the risks;
 when making decisions about the adequacy of facilities for the welfare of workers;
 when proposing changes that may affect the health or safety of workers; and
 when making decisions about the procedures for resolving health or safety issues,
monitoring the health of workers, monitoring conditions at the workplace,
providing information or training for workers, or for consultation with workers.

This obligation to consult may apply to more than one ‘person’ in the workplace. These duty
holders’ work activities may overlap and interact at particular times. When they share a duty,
for example, a duty to protect the health and safety of a worker, or are involved in the same
work, they will be required to consult, co-operate and co-ordinate activities with each other so
far as is reasonably practicable.

5.0 Benefits from Consultations

1. correct information and effective management because managements are aware of

hazards and WHS issues that experienced by employees.
2. finding common solutions to WHS problems by involvement and participation in
decision-making
3. fewer misunderstanding as a result of fewer injuries
4. win-win benefits to the employers, employees and the community because there
are respecting and trusting between employer and employees
5. learning and skill develop by sharing of information, concepts and ideas

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6.0 Dispute resolving steps

The procedure for raising WHS issues in my workplace is:

 The individual employee needs to complete a report form that is relating to the
WHS issues such as incident report form, hazard identification form, etc
 The form then needs to be given to the individual's supervisor, who must
investigate the incident and make recommendations.
 The form then needs to be given to the Safety Officer, who then gives it to the
Director.
 The form is then kept in the WH&S management files.

The steps to resolution of WHS problems are:

Step 1 : Problem reported to immediate supervisor or manager by an employee.

Step 2 : If not resolved, the employee reports the problem to their OHS Representative or
WHS Committee who has discussions with the relevant supervisor / manager.
Step 3 : If not resolved, the WHS Representative or WHS Committee refers the issue to
another higher level of WHS Committee.
Step 4 : If not resolved, the WHS Representative or WHS Committee can invite a
WorkCover inspector to attend the workplace to assist in the resolution of the issue.

7.0 WHS Consultation in workplace

Consultation in a Transport Company

Overview This company operates around the clock and has 200
workers. Work groups have been established covering all
workers working across three shifts, each of which is
represented by a health and safety representative. A
health and safety committee has been established and is
made up of all health and safety representatives and some
management representatives who hold senior positions in
the organisation.
When the company identified the need to move to new
premises, it recognised this had the potential to affect all
workers. The committee played a major role in obtaining
worker and health and safety representative input about
warehouse layout, ergonomics, selection
of new equipment and machinery, traffic management,
access/egress
and emergency procedures. Regular site visits were
arranged to view progress and provide advice.

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WHEN to consult Consultation with workers was required for:

 the identification and assessment of hazards and risks
 making decisions about control measures
 proposing changes to the workplace, and
 making decisions about the adequacy of welfare
facilities.
The design and fit-out of the new premises included
consideration of layout, equipment selection, new work
systems, lighting installation,
design and commissioning of a sorting table and
warehouse airflow.

WHO to Consult The relocation affected all workers and they were all
consulted via their respective health and safety
representatives. The committee acted as a centralised
conduit for information flow in this process.

HOW to Consult The organisation consulted via health and safety

representatives and the committee.

Health and safety representatives

Health and safety representatives acted as a
communication channel between management and
workers. Health and safety representatives chaired the
health and safety sections of weekly toolbox meetings,
using these as an open forum to the committee.

Health and safety committee

Consultation procedures were developed and agreed and
the membership of the committee was determined via
extensive consultation between health and safety
representatives and all workers. The committee takes
ongoing responsibility for ensuring that all relevant health
and safety information is posted on worker noticeboards,
e.g. meeting agendas, minutes, alerts and newsletters. The
committee also sets timelines and frameworks for
evaluating systems and processes, e.g. warehouse airflow
to be assessed by external consultant every 3 months
.

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8.0 WHS Information and Communication Strategies

The following communication strategies are used to provide the health and safety information
in my workplace.

 Email
The fastest way of communication methods as everyone in the workplace has their e-
mail.
 Intranet
WHS related information are update in the company website and infoamtion was given
during induction to check as needed.
 Team meetings
Regular once a week or a month meeting is conducted and updated all information
during meeting.
 Newsletters
these provide a potentially engaging and visual way of presenting information by email
of notice board.
 Training
training is provided when new WHS issues are arrived.
 HSRs and HSCs –
These representatives and committees are the best sources in communicating and
sharing information from workers to management level. This would be a particularly
good way for workers to bring information regarding hazards to the attention of
management, or to feedback on particular policies or changes to work practices.

9.0 Barriers and Solutions

Barriers Strategies to remove these Barriers

Language
 Translated into the relevant language
 Interpreters for understanding English is not good
 Use simple, clear words
 KISS (Keep it short & Simple)
 Video/DVD with interpreters
 Use international signs
Literacy and numeracy
 Posters using photographs and/or international
acceptable signs
 Video/DVD with interpreters
 Use simple, clear words
 KISS

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Communication Skills
 This comes together with language, literacy and
numeracy. Therefore, use some strategies from
above lists to suit the actual conditions.
Computer Skills
 list who are who are required to use computer
 Send training session for them.
 Provide hard copy of documents to find it
Shift work and rostering
 select one representative in each shift to speak and
arrangement
explain about OHS issues behalf of management
 Organise the meeting between management and
representative at least once in three months.
Cultural
 This also comes together with language, literacy
background/workplace
and numeracy. Use some strategies from above
diversity
lists to suit the actual conditions. Employees with
bilingual and bi-cultural skills should be
encouraged to be actively involved in developing
communication strategies
 Relate with same social group
 Meeting in groups with casual employees

10.0 WHS Consultation Training

WHS Regulation 2017 Chapter 2 Clause 21

The PCBU must allow the HSR or HSC to attend a course:

 Approved by the regulator
 That the HSR or HSC is entitled to attend under the regulations
 Chosen by the HSR or HSC in consultation with the PCBU.
 Attendance at training is to be within 3 months of the request

11.0 Conclusion

The rise in the use of the consultation process for WHS can lead to healthy and safely work
environment due to the chance of contributing, feedback and appropriate communication. For
this reason, PCBU must know their duties to consult to their employees according to WHS
Act 2011 and WHS Regulation 2017 as well as when is the best time to do this consultation.

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As a result of this, PCBU received some benefits from these consultations including what are
the steps required to solve the WHS problems in their workplace. Therefore, they can
develop their own consultation process and procedures. PCBU also must consider some
barriers when they develop this procedure and must aware of how to train for HSR and HSC.
Finally, it is PCUB responsibilities ensuring all WHS information must display or distributed
to all employees by the best ways of communication.

12.0 Recommendation

The recommendations for the people who are either PCBU or employees must consider
consultation with appropriate person or groups such as HSR or HSC before they are handling
the tasks or doing business to protect the health and safety of their properties, people and
environment. Additionally, to avoid accident occurring in the workplace, all necessary safety
protection gears must be provided by employers to protect their employees as well as their
properties.

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13.0 Bibliography

Archer, R, Borthwick, K, Travers, M, Ruschena, L (2012) WHS: A management Guide

Cengage Learning, Melb.

CCH Australia, 2003, CCH Occupational Health and Safety and Environmental; Master
Guide CCH Australia Limited

CCH Australia, 6th Ed, 2004, Planning Occupational Health and Safety, CCH Australia
Limited.

Dunn, C (2011) Planning Work Health and Safety, CCH, Sydney

Dunn, C, Chennell, S (2012) Master Work Health Safety & Environment Guide CCH, Sydney

MBC, 2006, Participant Guide: Manage OHS in the workplace, Pearson Education
Australia

NSW WorkCover Website, http://www.workcover.nsw.gov.au

Safe Work Australia Website, https://www.safeworkaustralia.gov.au

Toohey, J.,Borthwick, K., & Archer, R. 2005, OH&S in Australia a Management Guide
Thomson

Work health and Safety Act 2011, Website: https://www.legislation.nsw.gov.au

Work Health and Safety Regulation 2017, Website, https://www.legislation.nsw.gov.au

14.0 Check Lists

I have:

 Completed ALL questions in this research assessment

 Referred to health and safety legislation operating in my State/Territory

 Included a bibliography and used Harvard referencing

 Included my name, student number, unit number, assessment number

 Reviewed and spell checked my document

 Saved a copy on my own computer.

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