Procedures for resolving OH&S issues

• General issues
• Immediate danger
• Unresolved issues

Identifying and solving general OH&S issues

Staff members should raise any issues about safe working procedures or a safe working environment with their immediate supervisor.

Any person may draw a safety matter to the attention of the area supervisor or the elected health and safety representative.

If a supervisor is unable to resolve an OH&S problem, then he/she should refer it to his/her supervisor for assistance. Advice may also be sought from the OH&S Unit.

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Immediate safety hazards

Using the steps outlined in Flowchart 1, the majority of safety issues should be capable of immediate and preferably local resolution using line management.

However, there may be circumstances where a definite and immediate safety hazard is perceived, and the issue is considered urgent and serious. In this case, the health and safety representatives will inform the supervisor of the area who should call an immediate halt to the work whilst the issue is investigated. See Flowchart 2.

In the event the supervisor fails to agree about the degree of risk present or the supervisor is not available, the health and safety representative will direct affected employees to withdraw from the alleged hazard having regard to the health and safety of others and will then inform the appropriate manager of the actions that have been taken pending a full investigation.

The health and safety representative will immediately inform the Occupational Health and Safety Unit of the action taken. The Occupational Health and Safety Unit will inform the Executive Director of Administration.

Work will not resume until it has been agreed that the hazard has been controlled and no longer presents an unacceptable risk to the safety and health of employees. Alternative duties may be found for those members of staff affected, but no pay will be lost in the event of a demonstrated safety hazard having been detected.

A written report of the situation and the actions taken should be prepared by the area supervisor, and where appropriate by the health and safety representative, for the Cost Centre Occupational Health and Safety Committee and the Occupational Health and Safety Unit.

Procedure for dealing with unresolved OH&S issues

If the issue identified has not been solved as outlined above, then the following procedures may be used. The focus is on a cooperative approach to resolution of OH&S issues.

1. If the health and safety representative identifies or is informed of a safety issue or problem in his/her designated work group then the representative must refer the matter to the supervisor of the area concerned. The health and safety representative may seek advice from the OH&S Unit before contacting the supervisor.
   
   
2. If, within 5 working days or less, the supervisor and representative can reach agreement on the means to deal with the concerns raised, the matter is then regarded as satisfactorily resolved at the local level. Satisfactory resolution could be immediate settlement of this and any related concerns or an agreed plan and timetable for future action if immediate action is not possible.
   
   
3. If, however, the representative and the supervisor cannot satisfactorily resolve the issue at the local level and the representative believes that the issue should be pursued, the representative should refer the issue involved to the head of department responsible for the workplace in question. At this stage, the health and safety representative should also formally advise the OH&S Unit.
   
   
4. The head of department, representative and supervisor then attempt to reach agreement in a satisfactory resolution of the issue within 5 working days. If the head of department is not able to take part, for some reason, (and this would be seen as an exceptional instance) a person may be nominated with the delegated authority to commit the department to an appropriate response. Again, satisfactory resolution includes immediate settlement or an agreed plan of future action.
   
   
5. If no satisfactory resolution can be reached then the health and safety representative should take the issue up with the Cost Centre OH&S Committee.
   
   
6. If no satisfactory resolution can be reached at that point then the health and safety representative should further investigate the issuance of a formal Default Notice.
   
   
7. These procedures comply with the requirements of the Occupational Health, Safety and Welfare Act, 1986 and in no way override the rights and obligations of elected health and safety representatives under the relevant legislation.

Updated: 29 August 2007