Health & Safety

Health & Safety Representatives

A healthy and safe workplace is vital to all employees. To ensure that VIEU members enjoy a safe workplace, VIEU places high importance on the role of the H&S Rep at each workplace. VIEU supports members in this role through a dedicated VIEU Officer, Brian Martin, and by providing accredited OH&S training for elected reps.

Introduction

Has your school put in place the structures and processes to deal with occupational health and safety issues? Does your school have a Health and Safety Rep? Has your Rep been trained for the role?

All workplaces have hazards that are likely to affect the health and safety of employees. School are no exception to this, with hazards present of a physical nature; or they may be such as to introduce psychological harm.
The purpose of OH&S legislation is to ensure that occupational disease, illness and injury are reduced to a minimum. The aim is prevention. That is why the union is anxious that in every school the members make every effort to fully implement the legislation.
Under the OH&S Act, the Health and Safety Rep is empowered to identify events, incidents and 'systems of work', as well as the physical conditions of the workplace which are likely to endanger any employee working there, and to draw to the attention of the employer the situations which should be remedied.

Once your Health and Safety Rep has been elected (and an election is only needed if the previous Rep has left the school or resigned from the role); the next question to pose is whether the Rep has been trained for the role? An employer is obliged to accede to a rep's request for training, and for union members the training is paid for by VIEU. The courses offered are approved by the Victorian WorkCover Authority and replacement costs are available for Catholic primary school members. For more information see the training section below.

If the provisions of the Act are not being implemented in your school, raise the issue at your next sub-branch meeting. According to the legislation the employer is not obliged to initiate the procedures. The onus of taking the initiative lies with the employees. However, once approached by the employees on a matter, the employer is obliged to respond in the terms provided for in the Act.

OH&S Training

VIEU seeks to provide training for Health and Safety Reps to ensure that employers meet their obligations to provide a safe workplace. A well trained Health and Safety Rep is important to all education communities.
VIEU offers free training to all elected Reps who are members of VIEU. The courses are conducted by the Victorian Trades Hall Health and Safety Training Unit, an accredited provider with the Victorian WorkCover Authority.
Your employer is obligated under the Occupational Health and Safety Act to permit an elected H&S Rep to attend an accredited training course if so requested.

For more information on VIEU OHS training courses: click here
 

Health & Safety Rep / Appointed Management Rep

• Represents and acts as an advocate on behalf of all employees in the designated workgroup (DWG) [s4(5)]
• Elected by all members of the DWG [s54(1)(2)(3)]
• Is a member of the DWG [s54(2)(a)]
• Elected for a maximum term of three years. Can be re-elected to office an unlimited number of times. [s55(1)(2)(3), s3(1)]
• Entitled to attend a VWA approved introductory 5-day HSR training course of their choice, and an annual refresher course. Must give a minimum of 14 days notification to the employer. [s67(1)(a)(b), s67(2)(a), s67(3)(c), s67(5)]
• Not responsible for resolving OHS issues in the workplace such as faulty plant and equipment, hazards in the classroom or playground or conducting risk assessments. Are entitled to be involved in OHS activity and consulted in OHS decision making. [s36(1)(2)(3)]
• Must be consulted on all OHS issues affecting the DWG and entitled to be a member of any OHS committee. [s2(d), s4(4), s36(1)(2)(3), s72(2)]
• Is entitled to paid time off work to exercise their powers under the OHS Act or to take part in training approved by the VWA. [s69(1)(d)]
• Is entitled to seek the assistance. [s58(1)(f), s2(1)(d), s70(1)]
• Must not be dismissed for exercising their powers [s76(1)]
• May issue a PIN after consultation with management [s60(1)(a)(b), s60(2)(3)]
• No liability or additional duties other than those of all employees under the OHS Act. [s25]

• May be called the Health and Safety Officer or Coordinator. may be Principal, Deputy Principal or Business Manager
• Is nominated or appointed by management. [s73(2)(a)(b)]
• Is a member of the leadership team. [s73(2)(a)(b)]
• Ongoing responsibility for managing OHS in the workplace.
• Must allow HSR paid time off work to attend training. Must pay course fees and all associated costs attached to the HSR attendance. Must be competent in OHS. [s67(4)(a)(b)(c), s67(7)]
• Management is responsible for OHS issues in the workplace, in consultation with HSR. Has a duty to consult with HSR and employees. [s2(c), s4(2)(3), s21(1)(2)(3)(4), s22(1)(2), s23, s26, s35(1)(2)(3)]
• Must consult with HSR and employees on matters affecting the health and safety of employees. [s26]
• OHS is part of management/leadership duty statement. [s26]
• Must all persons providing assistance to the HSR, access and entry to the workplace. [s2(1)(d), s70(1)(2)
• Must discriminate or allow others to discriminate. [s76(1)(2)(3)(4), s77, s78]
• Cannot issue a PIN. May receive a PIN and must act on it or appeal it within 8 days. [s60(4)(a)(b), s2(1)]
• Liable for breaches of OHS duties.