This procedure provides guidance for fair and effective workplace representation and for collaborative consultation, cooperation and issue resolution in relation to work health and safety. Show
Worker consultation and participation is an important part of James Cook University’s (JCU) strategy to eliminate and prevent occupational injury and illnesses. ScopeThis Procedure applies to JCU staff, students, contractors and affiliates involved in JCU business operations and activities. This Procedure does not apply to JCU Controlled Entities. Definitions
1 Duties Obligations and ResponsibilitiesJames Cook UniversityJCU must, so far as reasonably practicable, consult with workers who carry out work for the University and who are directly affected, or likely to be directly affected, by a health and safety matter. In addition, JCU must, so far as reasonably practicable, consult, cooperate and coordinate activities with all other persons conducting a business or undertaking (PCBU) and their workers on shared work health and safety matters. To facilitate health and safety information flow and representation, JCU has assigned consultation responsibilities to designated roles and committees across the University. Refer to WHS-PRO-001 WHS Responsibility Procedure for more information. OfficersAn Officer of JCU has a duty under the Act to exercise due diligence to ensure that JCU complies with its duties and obligations under the Act. To do this, Officers will be responsible for ensuring the requirements of this Consultation and Participation Procedure and any other requirement(s) prescribed by the JCU Health and Safety Management System (HSMS) are implemented within their area of responsibility. Officers should be conversant with WHS-PRO-001 WHS Responsibilities Procedure to understand all their work health and safety statutory responsibilities and how they apply to JCU operations. Work Health and Safety UnitThe Work Health and Safety (WHS) Unit is responsible for:
SupervisorsEvery JCU supervisor must ensure they understand:
Workers and others
2 When to ConsultJCU is required under the Act to consult with its workers when:
JCU may also consult with Workers about WHS matters in other situations, for example when conducting investigations into incidents or “near miss”. 3 How to ConsultWhen consulting with workers on a work health and safety matter, JCU is to:
If consensus or agreement cannot be reached between Management and Workers about the way consultation will occur at JCU, the WHS Unit will provide recommendations to the Work Health and Safety Advisory Committee (WHSAC) for consideration and determination. 4 Health and Safety Representatives (HSR)A HSR is a member of a Work Group who has been elected to represent the health and safety interests of the Work Group. Workers in consultation forums with management, and in the investigation and resolution of health and safety incidents or issues. The HSR is a conduit for the flow of information between Management and Workers. HSRs can consult with Management on work health and safety requirements by:
A HSR must not:
A HSR is not personally liable for anything done or omitted to be done in good faith:
Election of HSR
Work Groups
Eligibility to Stand for Election to be a HSR
HSR Powers and FunctionsAn HSR is entitled to:
Entitlements of WorkersWorkers are entitled to:
Training
Provisional Improvement Notices
Directing Workers to Cease Unsafe Work
JCU Obligations to HSRsJCU is to:
JCU is to also allow a HSR to spend the time reasonably necessary to undertake his or her powers and perform their functions. Any time a HSR spends for the purpose of exercising powers or functions must be with the pay that they would otherwise be entitled to receive for performing their normal duties during that period. In relation to these obligations, JCU:
5 Cease Work RequirementsIf a Worker ceases unsafe work, JCU may direct the Worker to carry out suitable alternative work at the same or another Workplace until the Worker can resume normal duties. In this instance, the alternative work must be safe and appropriate for the Worker to carry out. 6 Consulting with Other PCBUs that Share Duties Under the ActConsultation extends to all Workers not just employees. This means JCU must consult, cooperate, and coordinate activities with other PCBUs that have overlapping work health and safety duties. Duty holders with which the University shares work health and safety duties include, but are not limited to:
This duty is in addition to the primary duty of care imposed as PCBUs. WHS-PRO-001 WHS Management Responsibilities Procedure outlines these responsibilities at JCU. JCU must work with other duty holders in a proactive and reciprocal way. This allows all risks associated with an activity that duty holders are involved in to be eliminated or minimised so far as is reasonably practicable. The method(s) of consultation will vary depending on the circumstances. The method(s) of consultation are to be determined and agreed to by both JCU and the other duty holder. Examples of consultation methods include:
Each duty holder must share information in a timely manner and cooperate to meet health and safety obligations. This means JCU and other PCBUs should:
7 Health and Safety Consultative ProcessJCU has tailored a structure that enables effective two-way vertical consultation between Officers and Workers. The process and structure is outlined in the following paragraphs. Divisional Safety Meetings
This is done by:
Work Health and Safety Advisory Committee (WHSAC)The role of WHSAC is to provide an advisory function to the Vice Chancellor on matters relating to health and safety at JCU. The WHSAC is made up of representatives from the various Divisions, safety representatives from the WHS Unit with the Deputy Vice Chancellor, Services and Resources as the Chairperson. Work Health and Safety Advisory Committee Sub-CommitteesThere are three sub-committees of the Work Health and Safety Advisory Committee:
The sub-committees have an advisory function to the WHSAC. Work Health and Safety Committee of CouncilThe purpose of the Committee is to consider and advise the Council on strategic governance issues relating to health and safety, in particular, consider and advise Council on the University’s compliance with its obligations under the Act. 8 Managing Work Health and Safety IssuesIf a work health and safety issue is identified, JCU and the other parties must make reasonable efforts to achieve a timely, final and effective resolution of the issue in accordance with the WHS-PRO-INFO-003c Information about Work Health and Safety Issue Resolution. 9 WHS Entry Permit HoldersThe Act allows an official of a union who holds a WHS entry permit and a Fair Work Act 2009 (Cth) permit to enter Workplaces to:
Related policy instrumentsWHS-PRO-001 Work Health and Safety Responsibilities Procedure Related legislationWork Health and Safety Act (Qld) 2011 Work Health and Safety Regulation (Qld) 2011 Work Health and Safety Consultation, Co-operation and Co-ordination Code of Practice (Qld) How to Manage Wok Health and Safety Risk Code of Practice 2011 Other related documentsWHS-PRO-FORM-003a HSR Expression of Interest WHS-PRO-FORM-003b HSR Resignation Form WHS-PRO-INFO-003c Information about WHS Issue Resolution WHS-PRO-FORM-003d JCU HSR Election Form Administration NOTE: Printed copies of this procedure are uncontrolled, and currency can only be assured at the time of printing. Approval Details
Revision History
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