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NSW Work Health & Safety Act

NSW Work Health & Safety Act . Module: Issue Resolution. About this Module. Purpose: " outlines process on the issue resolution under the WHS act". Learning Outcomes. The key learning outcomes of this module are: Understanding of the requirements for issue resolution in the WHS Act

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NSW Work Health & Safety Act

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  1. NSWWork Health & Safety Act Module: Issue Resolution WHS Act

  2. About this Module Purpose: "outlines process on the issue resolution under the WHS act". WHS Act

  3. Learning Outcomes The key learning outcomes of this module are: • Understanding of the requirements for issue resolution in the WHS Act • Understanding of the changes from the current NSW legislation on issue resolution • Capacity to manage an issue resolution process WHS Act

  4. What we currently have to do What are the existing issue resolution requirements for employers? WHS Act

  5. OHS Act 2000 • Current NSW OHS Act does not mandate any issue resolution procedure • Current NSW regulation sets out procedures for issue resolution that can be accessed by OHS committees and OHS reps only WHS Act

  6. What is different in WHS Act about Issue Resolution New Act makes an issue resolution process open to all partiesrather than being restricted to H&S committees and HSRs New Act mandates an issue resolution process that must be followed if there is an unresolved WHS issue WHS Act

  7. Overview of WHS Act • The parties to an issue include the PCBU or representative and workers or representative • The issue resolution provisions apply if there has been no resolution afterreasonable effortshave been made • If there is no agreed issue resolution procedure the processin the regulations must be followed WHS Act

  8. Overview of WHS Act • If an issue remains unresolved after reasonable effortshave been made any party can request WorkCover to assist in resolving the matter • Inspector’s role to help resolve issue could involve adviceor use of compliance powers WHS Act

  9. What WHS Act says PCBU’s must do: • Make reasonable efforts to resolve an WHS issue • Follow an agreed procedure if there is one in place • If no agreed procedure follow the process set out in regulations • Set out the agreed procedure in writing & communicate it to all workers WHS Act

  10. What is the likely impact of these changes? WHS Act

  11. Assessment questions When does an issue resolution procedure have to be followed? Does the new Act require any change if you already have an agreed procedure? Does issue resolution just involve H&S committees and HSR? When can you call in an inspector to assist? Does a issue resolution process preclude workers taking action? WHS Act

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