Health and Safety Management Arrangements
Purpose
This guide provides information on how to develop health and safety management arrangements (HSMAs) under the Occupational Health and Safety Act 1991 (the Act). It includes guidance on consultation arrangements, a summary of the mandatory requirements for HSMAs, as well as suggestions regarding additional elements which could be included in HSMAs. This guide can be utilised in conjunction with other Comcare guides, particularly OHS Workplace Consultative Arrangements – A guide to Commonwealth Legislative Provisions. The key guides are listed under “Related Publications” at the end of this guide.
What are HSMAs?
Under section 16(2)(d) of the Occupational Health and Safety Act 1991 (the Act), employers are required to develop written HSMAs in consultation with their employees. HSMAs are documents concerning the management of OHS in an organisation. They are one of the main mechanisms by which the employer demonstrates its commitment to meeting its duty of care under the Act.
They provide a flexible framework for the management of occupational health and safety in a way which suits the needs of a particular organisation. Accordingly, risks, hazards, organisational culture and workforce size will all be relevant in developing HSMAs.
Consultation arrangements for development or variation of HSMAs
In developing or varying HSMAs, an employer must consult with all of its employees, and employee representative(s) if requested by an employee or employees, about the development or variation of HSMAs. Note that, although consultations to establish or vary designated work groups (DWGs) form part of the consultations to develop HSMAs, they are not sufficient on their own to be considered adequate consultation for the HSMAs.
An employee may request another employee or an employee representative (as defined in the Act) to represent them. An employee representative means, in relation to an employee, a registered organisation or an association of which:
- the employee is a member; or
- another employee in the DWG to which the employee belongs, is a member.
The employees who are members of the employee representative organisation or association must be qualified to be members of that organisation or association, by virtue of the work those employees do.
Consultation arrangements to develop HSMAs must ensure that all employees are effectively represented. In order to achieve this, an employer will need to consider such factors as the organisation’s size and the location of workplaces when deciding how consultations will best be facilitated, for example:
- use of ‘all staff’emails;
- conducting a round of forums at all workplaces; and/or
- instituting a network of temporary consultative committees which report back to a head committee.
The consultation arrangements should fully inform all employees of the process involved, by covering such issues as:
- process for communicating with all staff (as per the examples above);
- how they can be represented and by who;
- an explanation of how the consultation process will work;
- timelines for the overall process, and for specific activities (see below); and
- process for monitoring and reviewing the arrangements to ensure that they continue to meet the needs of the workplace (for example, use of questionnaires).
Timelines should allow enough time for employees to arrange representation by another employee, or by an employee representative if that is what they want. Timelines should also allow enough time for an employee representative to apply for and receive a certificate from the CEO of Comcare, where an employee has asked the employee representative for anonymous representation.
Even though an employee may choose to be represented in consultations by another employee, or by an employee representative, that employee can still be directly involved in the consultations.
Consultation involves appropriately informing employees, and inviting and considering their responses. Sufficient action must be taken to secure employees’ responses and to give the employees’ views proper attention. Consultation involves more than a mere exchange of information. Employees must be contributing to the decision-making process.
Consultation arrangements should be monitored and reviewed to ensure that they continue to meet the needs of the workplace. Employers should keep records of all the consultations regarding HSMAs for future reference.
Legislative Requirements
Section 16(2)(d) of the Act requires that HSMAs will:
i) enable effective cooperation between the employer and the employees in promoting and developing measures to ensure the employees’ health, safety and welfare at work; and
ii) provide adequate mechanisms for informing the employees about the arrangements; and
iii) provide adequate mechanisms for reviewing the effectiveness of the arrangements; and
iv) provide adequate mechanisms for the variation of the arrangements in consultation with the employees; and
v) provide for a dispute resolution mechanism to deal with disputes arising in the course of consultations held under this Act (other than under section 24) between the employer and the employees; and
vi) in the case of an employer who is required under section 34 to establish a health and safety committee – provide for the manner in which the health and safety committee is to be constituted and to operate.
The Act further provides at section 16(3) that;
Without limiting the matters that may be covered by health and safety managements arrangements developed by an employer as mentioned in paragraph (2)(d), such arrangements may provide for the following:
(a) a written occupational health and safety policy in respect of the employer and the employees of the employer;
(b) arrangements relating to risk management;
(c) the making of agreements between the employer, the employees of the employer and their employee representatives in relation to:
i) continuing consultation, between the employer, the employees of the employer and their employee representatives on occupational health and safety matters; and
ii) such other matters (if any) as are agreed between the employer, the employees of the employer and their employee representatives.
(d) training in relation to occupational health and safety.
Section 16A provides that, in developing or varying HSMAs, an employer must have regard to any advice of the Safety Rehabilitation and Compensation Commission (the Commission) on the matter. This includes advice that has been given to that employer, or to employers generally.
Note that this guide does not constitute advice from the Commission.
Practical suggestions on the content of HSMAs
Mandatory inclusions
Enabling effective cooperation between the employer and their employees in promoting and developing measures to ensure the employees’ health, safety and welfare at work.
HSMAs could contain a statement of commitment regarding the provision and maintenance of a safe working environment. To enhance effective cooperation, HSMAs could also include provisions such as:
- how information can be provided to employees so that it is easily understood and easily accessible. This could include both the content, and the vehicle (for example, via paper, email or notice boards);
- mechanisms to ensure information is provided in a reasonable timeframe so that health and safety representatives can consult with employees and obtain their views on issues; and
- mechanisms to encourage employees to raise issues and for them to be considered.
Provide adequate mechanisms for informing employees about the arrangements.
Suggestions for ways to inform employees about the HSMAs are:
- brochures/booklets detailing the HSMAs;
- information available in internal newsletters or emails;
- posting information on notice boards;
- copies of the HSMAs on the intranet system; and
- use of consultative forums in the workplace.
Provide adequate mechanisms for reviewing the effectiveness of the arrangements.
Issues to consider when reviewing effectiveness could include a review of:
- how closely policies and procedures in the HSMAs are followed;
- whether consultation was adequate; and
- whether employees have ready access to the HSMAs.
The reviewing process could be carried out by:
- arranging with employees to have regular reviews of the arrangements and associated policies;
- surveying employees;
- auditing HSC meeting notes;
- conducting work area meetings to consult directly with employees;
- auditing documents of workplace inspections undertaken; and
- talking to the HSR(s).
Providing mechanisms for the variation of arrangements.
Mechanisms to put in place for the variation of arrangements might be:
- setting review and expiry dates in the initial HSMAs;
- including procedures and timelines for the first and subsequent reviews in the initial HSMAs. These procedures could specify who can request a variation (for example, HSRs, employees, an employee representative, and the health and safety committee (HSC)), and the process involved;
- establishing a standing agenda item for discussion at HSC meetings; and
- giving the HSC the power to vary or update HSMAs between formal review times.
Providing dispute resolution mechanisms to deal with disputes arising in the course of consultations.
HSMAs should outline arrangements for employees to discuss concerns about the consultative process, and for effectively resolving disputes which may develop during consultations. Guidelines could include provisions such as:
- setting up a dispute resolution sub-committee at the outset of the consultation process;
- nominating a senior manager who is not involved in the consultations to act as a mediator; and
- using an independent organisation to provide a mediation service (for example, the organisation’s approved EAP provider may be able to provide such a mediation service).
The constitution and operation of a health and safety committee (HSC).
An employer must establish a HSC if there are normally 50 or more employees in the organisation. An employer must also establish local HSCs for specific workplaces if there are 50 or more of the employer’s employees at that workplace, and either the HSR, or a majority of those employees, requests in writing that a HSC be established. The organisation’s HSMAs must provide guidelines for the establishment and operation of the HSC(s).
Establishment of HSCs
HSMAs must provide guidelines for the establishment of HSCs. These guidelines could list:
- the number and location of committees which are proposed to be established (there needs to be at least one for the whole organisation if there are 50 or more employees in the whole organisation);
- the agreed process for the selection or election of members representing employer and employee interests (for example, employees may decide that selected HSRs comprise some or all of their representatives on the committee);
- membership of the committee(s). For example, this could include the HR Manager, the OHS Manager, and HSRs; and
- size of the committee(s), and the numbers of members of the committee(s) representing the interests of the employer versus the number representing the interests of the employees. The Act provides that there cannot be more employer than employee members on HSCs.
Operation of HSCs
HSMAs could describe:
- the role of the committee(s), including decision making powers of the committee(s), and provisions for co-opting expert advice on specific issues;
- the relationship of local HSCs (where these exist) to the main HSC;
- the establishment of temporary or permanent subcommittees to support the HSC(s);
- the roles and duties of committee members;
- facilities, support services, and time available for committee members to prepare for and attend meetings, and to consult with employees;
- chairperson arrangements;
- the schedule of meetings;
- minute taking and reporting of proceedings; and
- training of committee members.
Other possible matters for inclusion
OHS Policy
HSMAs must facilitate ongoing and effective cooperation between an employer and its employees in promoting and developing measures to ensure employees’ health, safety and welfare at work and provide adequate mechanisms for reviewing the effectiveness of these measures. HSMAs could include a policy statement that clearly indicates the employer’s commitment to effective occupational health and safety.
An OHS Policy developed in accordance with the previous legislative provisions which is in place on 15 March 2007 may be preserved by either incorporating them into HSMAs, or the HSMAs may provide for the Policy to continue to apply. Note, however, that these policies often have an OHS Agreement between the employer and one or more unions as provided for under the previous legislative provisions. This OHS Agreement may also continue to automatically apply if the OHS Policy is preserved by the HSMAs.
Risk management
The Act requires employers to do everything that is reasonably practicable to protect the health and safety of their employees at work. The Occupational Health and Safety (Safety Standards) Regulations 1994 require a risk management approach to be taken in regard to the hazards dealt with in those Regulations. In addition, the Commission and Comcare support the use of a risk management approach to occupational health and safety.
HSMAs could support arrangements for effective risk management, such as by:
- outlining the responsibilities of key personnel and their contact details;
- articulating the role of the HSC in advising the employer on risk management issues;
- identifying and describing risk management strategies used by the organisation, including incident investigations, risk assessment schedules and workplace inspection schedules;
- providing for the development and maintenance of documentation regarding risk management, such as a risk register, and deciding who should have access to such a register;
- providing a preferred risk management tool for the organisation; and
- providing procedures for the reporting of hazards and the assessment and control of risks.
Agreements
HSMAs may provide for the making of agreements relating to:
- ongoing consultation between the employer and its employees (and employee representatives if requested) on OHS matters; and
- other matters as agreed between the above parties such as the establishment of committees other than the HSC(s) based on specific issues, geography, or special needs.
OHS-related training
HSMAs can include information on the training that will be available to ensure all employees (including managers, supervisors and team leaders) in the organisation are aware of the requirements of the OHS legislation and their responsibilities. This could include:
- ensuring advice on OHS matters is included in induction training for new starters;
- providing ongoing training in safe work practices for all staff (for example, once a year half-day refresher training);
- ensuring that appropriate mechanisms are in place to keep employees advised about hazards or potential hazards relevant to the workplace; and
- ensuring that managers and supervisors are aware of their responsibilities under the Act.
Additionally, HSMAs should provide advice on the training available for HSRs and HSC members. HSRs must undertake training that is accredited by the Commission.
OHS training for members of HSCs could include:
- participating in effective HSCs;
- workplace health and safety;
- OHS consultation in the workplace;
- management of OHS issues including dispute resolution in the workplace; and
- continuous improvement of OHS systems.
Health and Safety Representatives (HSRs)
HSMAs can provide guidelines on a range of issues which are not specifically covered by the Act and Regulations.
Election of HSRs
HSMAs can include guidelines for the conduct of elections which could cover such issues as:
- details of the process to be followed;
- if an external agency or consultant is to be used to conduct the election on behalf of the employer; and
- arrangements regarding secret ballots.
Term of office
HSRs will hold office for the period specified in the HSMAs (if it is not specified in the HSMAs, the default term of office is 2 years).
Support, facilities and training
HSMAs can specify arrangements for:
- facilities such as filing and storage space, access to telephone, computer (including email), and photocopier;
- access to a meeting room or similar space to allow meetings with members of the DWG;
- paid time off to meet and consult with members of the DWG;
- the recommended or maximum timeline between election as a HSR, and attendance at HSR training; and
- attendance at refresher training.
Deputy HSRs
HSMAs can include guidelines for Deputy HSRs which duplicate those listed above for HSRs. However, they could also include two extra provisions which are covered under the legislation for HSRs, but not for deputy HSRs, namely:
- that the employer keep up to date lists of deputy HSRs in the organisation; and
- that the employer notify employees in a DWG of both a vacancy in the position of deputy HSR, and of the selection/election of a new deputy HSR.
Emergency procedures and the role of HSRs
HSMAs may include guidelines which detail the role of the organisation’s HSRs, and the process to be followed, in the event of an emergency.
Use of external consultants to assist HSRs
HSMAs may include guidelines regarding the contracting of specialist external consultants to assist HSRs in carrying out some aspects of their role (for example, hiring a specialist to assist a HSR during an investigation).
DWGs
Consultations on DWGs form part of the consultation processes for HSMAs. It is recommended that a description of the organisation’s DWGs be included in the HSMAs. This description could include:
- geographic location(s);
- sections, branches and/or divisions included in each DWG; and
- categories of employees included in each DWG.
Related Publications
- OHS Consultative Workplace Arrangements – A guide to Commonwealth Legislative Provisions
- How to conduct HSR elections
- Participating in effective health and safety committees (OHS 12)
- Safety at work - your responsibilities as an employer (OHS 60) - temporarily unavailable
- Health and safety representatives handbook (OHS 4)
- Injury Prevention: Some Practical Suggestions for Managers (PUB 34)
- OHS Risk Management - Identifying Hazards, Managing Risks (OHS 10)