OHS Systems and ComplianceAssessment Task IV

Stakeholder Responsibilities

Vanessa Akyol

30 June 2010

Work Safety Representative

Part 4 Workplace arrangementsDivision 4.2 Health and safety representativeSection 58

The functions of a health and safety representative for a worker consultation unit are:(a) to represent the worker consultation unit in relation to work safety;

(b) to tell the workers’ employer about potential risks and dangerous occurrences at any workplace where represented workers work; and

(c) to tell the employer about work safety matters directly affecting the represented workers.

Work Safety Representative (cont.)

(2) A regulation may prescribe other functions for the health and safety representative.

(3) In exercising a function, the health and safety representative may, in accordance with a regulation, do 1 or more of the following:

(a) inspect all or part of a workplace where a represented workerworks;

(b) issue a provisional improvement notice for a place where arepresented worker works;

(c) exercise emergency powers.

Work Safety Representative (cont.)

(4) However, a health and safety representative must take all reasonable

steps to consult the employer to try to resolve a work safety matter

before the representative—

• (a) issues a provisional improvement notice; or

• (b) exercises an emergency power.

Legal Responsibilities of a WSR

Workplace arrangements Part 4Health and safety committee Division 4.3

Section 59

Health and safety representative—protection from liabilityA health and safety representative does not incur civil or criminal

liability for an act or omission done honestly and withoutrecklessness in the exercise of a function for this Act.

However the Workplace Safety Representative has safety duties just like everyone else!

What is required of the WSR in the event that a breach has

occurred?

Case Study

Jennifer is an Educations Officer within the Rehabilitation Programs Unit of ACT Corrective Services. She runs Alcohol and Other Drugs (AOD) groups twice a week for high risk offenders on a Community Based Order. Her primary place of work is within the Programs Unit based at Eclipse House in Civic. She has been employed with the Organization for 8 years and is a competent facilitator, who is familiar with workplace policies and procedures.

Case Study (cont.)

Three months ago, Jennifer, along with other Programs Unit staff was informed that she will be running the AOD groups at the Alexander Maconochie Centre (AMC) twice a week and will be based within the Programs Unit of the AMC on the days the groups are run. She agreed and has been successfully doing this for approximately 8 weeks. Recently, Jennifer was involved in an incident at the AMC and is currently off work as a result.

The Incident

Jennifer’s group time was changed from its usual time of 1.30pm to 12.30pm due to Operational Requirements (a union meeting). She had not been advised of this until she arrived at the AMC at approximately 11.00am. During the prisoners lunch period, which is between 12.00 – 1.00pm, she approached a group of participants in the meals area and informed them of this. The news was met with hostility and a few of the prisoners told her they would not be at group until 1.30pm as they were not prepared to give up their lunch break. Jennifer advised the Deputy Superintendent (DS) of this and requested his assistance.

The Incident (cont.)

She then accompanied the Deputy Superintendent to the meals area to reason with the prisoners. Again, the reaction from the prisoners was one of hostility and they expressed their disgruntlement to the DS. Things got heated when the DS informed them that they would be confined to their cells if they chose not to go to group. Egged on by other prisoners, one of the inmates lunged towards the DS and a physical altercation ensued. Other Custodial Officers who were in the vicinity intervened but rather than calm the situation, this angered the other prisoners and the situation escalated into a riot. Jennifer was caught in the middle of it all and had no idea what to do. She panicked and froze. She heard one of the custodial officers yell at her to leave the area and go into a secured area.

The Incident (cont.)

Jennifer wasn’t exactly sure where the secured area was, so she ran towards the nearest enclosed area, which was automatically unlocked by the Controls Room staff. She wasn’t aware that, as per the security measures in place, the officers in the Controls Room would be controlling the access and entry points in an event such as this and staff were not to manually open and close any doors. Once inside the “safe area”, Jennifer closed the door and manually locked it. This action overrode the Control Rooms ability to auto unlock. Consequently, other custodial officers, including the DS were not able to access this area and were caught up in the riot for longer than need be.

The Incident (cont.)

A total of seven Custodial Officers were injured in the riot to varying degrees. Jennifer was issued a verbal reprimand by the DS and later the Superintendent for not following protocol and procedures. She had also sustained minor physical injuries in the scuffle but it was the psychological effects of the incident that affected her most. Particularly, when she received little sympathy from other colleagues after the event.

The Issues

1. Jennifer had not received adequate training in Security Awareness or Critical Incident Response

2. She had not been given an induction to her new work environment

3. She was not aware of the AMC’s Emergency Procedures

4. She was not aware that the Organization had conducted a risk assessment for non-custodial staff and visitors to the AMC and that there were risk reduction/management measures in place

5. She doesn’t know who the WSR is for the Programs Unit at the AMC

The Issues (cont.)

6. She isn’t aware that she can approach the JACS Injury Prevention and Management Strategic Advisor for assistance and/or guidance

7. She was offered counseling and debriefing after the incident but she declined

8. She was not aware that she shouldn’t have accompanied the DS into the meals

9. She is feeling shunned by colleagues and not supported by the Organization

10. She is currently on annual leave, rather than sick leave because she feels she contributed to the incident

Sooo….

Where did it all go wrong?

Wrong place, wrong time?

Is it a case of “it comes with the territory”?

Is the Organization responsible?

Has there been a breach of the Work Safety Act?

If so, who is responsible?

What can the WSR do?

The WSR can:

1. Inform Jennifer of her rights and responsibilities post-incident

2. Advise the Organization of their responsibilities and legal obligations

3. Inform the Organization of their negligence, which has constituted legal breaches of the Act

4. Inform the relevant manager/s of their safety duties and advise them of the appropriate course of action

5. Make sure that the risk assessments had been carried out and identify what the corrective action/s need to be

What can the WSR do? (cont.)

6. Inform the ORS of the incident and the breaches7. Consult with other employees about their reactions, expectations and

issues in relation to this incident8. Inform the Organization of the measures that need to be put into place to

prevent the likelihood of a similar incident recurring9. Check risk and hazard registers to ascertain if there had been concerns

raised previously that had not been actioned10. Exercise an emergency power as per the provisions of the Act

Workers Right to Refuse

The WSR can also inform workers of their right to refuse to do work as per Section 42 of the Act, which stipulates:

A worker has the right to refuse to do work if:

An emergency procedure has been activated because of a significant risk to work safety (Subsection 1 (a)), or

The worker has a reasonable belief that the work involves a significant risk to work safety (Subsection 1 (b)).

If a worker refuses to do work believed to be unsafe, a person in control of a workplace may require the worker to do alternative work (Subsection 2).

What enforcement processes are available to the WSR?

The WSR can carry out their function by:

1. Talking to Management about the issues raised as a result of this incident and be actively involved in corrective action measures

2. Providing written information to the Organization about their safety duties and the penalties that can be incurred as a result of their non-compliance

3. Seek advice from the Office of Regulatory Services (ORS) 4. Issue a written notice to the Organization informing them that

further action will be taken via the ORS if there aren’t immediate measures put into place to ensure the safety of the workplace.

5. Issue a Provisional Improvement Notice (PIN) and stop work until such time as the issues have been addressed.

What Penalties apply for Public Sector Agencies?

All penalties in the Act apply, except prosecution through the Courts

As well as ‘naming and shaming’ requirements in terms of Annual Report – now ‘naming and shaming’ in the Legislative assembly is also an option.

What Enforcement Instruments can the WSR use?

The ACT Work Safety Act 2008

ACT Work Safety Regulation 2009

Office of Regulatory Services

The End

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