Running effective HSCs - Solutions to common problems
Expectations of committee members
The effectiveness of health and safety committees depends on the commitment, knowledge, and individual areas of expertise of their members. HSC members need to know and understand the overall purpose of the HSC, and their role as members to ensure the duties and purpose of their health and safety committee are achieved.
Health and Safety Law in Australia
The "Robens Model" was introduced to Australia in the 1970s as the basis of occupational health and safety law in Australia thereafter. [Note 1] Each of the Australian jurisdictions enacted new statutes for work health and safety based on the 1972 Robens Report and accompanying health and safety model. NSW did so in 1983.
However, by the mid-1980s, law cases and industry changes brought about changes to the laws of each jurisdiction. A breakaway occurred by all Australian jurisdictions to develop their own OHS law separately, beginning with Western Australia (1984), South Australia (1986), the Commonwealth (1991), Queensland and Tasmania (1995), New South Wales (2000), Victoria (2004), Northern Territory (2007), and finally the Australian Capital Territory (2008). As a consequence of their development at different times in different political, industry and union-interest contexts, the OHS Acts of each jurisdiction differed considerably in detail, as did the regulations and codes of practice made under them. Further amendments were made, many socio-politically motivated, thus creating even more legislative disparities across the states and territories. [Note 2]
Reason for the Model WHS Laws
The Model WHS Laws, introduced in 2011, were meant to be a clean sweep of health and safety principles and practices, by reintroducing the Robens Model from which states like New South Wales had deviated. For example: Changes and amendments to the New South Wales OHS Act over time had resulted in gradual eroding of accountability. For example, an "officer" in the OHS Act only applied to a WorkCover inspector. Under the OHS Act, OHS committees were given active duties and actions that actually belonged to senior duty holders. Lost was the concept and applicability of worker representation by health and safety representatives, instead elevating “health and safety committees” to the degree that they in effect erased and replaced HSRs in New South Wales. [Note 3] Additionally, HSRs were not able to issue Personal Improvement Notices, only a WorkCover inspector could do that.
The Model WHS laws were an effort to harmonise OHS laws in Australia. With the exception of Victoria, all Australian states and territories adopted the Model WHS Laws. The Victorian government chose not to because they perceived their own OHS laws as still in adherence with the Robens Model. Additionally, many OHS legislative changes made by other states before harmonisation were derived from or motivated by Victorian initiatives. [Note 4]
Restoration of accountability
Accountability was restored in the Model Laws by establishing specific WHS duty holders with specific WHS duties that could not be delegated by the duty holder. For the first time, business owners and company directors were identified as "officers" and were given specific "due diligence" duties.
The PCBU (formerly "employer") properly became the senior duty holder with the overall responsibility (primary duty) for health and safety of the workplace.
Officers were given specific duties to perform to ensure the PCBUs duties were met.
Workers were tasked with WHS responsibilities to themselves and to the people they work with.
Workgroups did not exist under the old OHS Act. Workgroups for consultation were reintroduced in the WHS Act and Health and Safety Representatives were reestablished as the recommended method for workplace consultation between management and the workforce, exactly as the Robens Model.
The role of a health and safety committee was simplified to becoming a resource for management to develop WHS policies and long-term programs for the workplace as a whole. [Note 5]
The new WHS laws repaired situations where the "square pegs" of the former OHS legislation no longer fitted in the "round holes" of the Model laws.
Health and Safety Committees - Solutions to Common Problems
The functions of a health and safety committee are stated in Section 77 of the WHS Act. Here are several common issues that affect the effectiveness of health and safety committees.
1. Committee meetings bogged down with day-to-day issues
Make sure all committee members understand the committee’s role in dealing with long-term policy and workplace health and safety program issues. The committee doesn't deal with immediate issues; immediate issues should be dealt with in other ways, especially if urgent.
Make sure that the objectives, functions and duties of the committee are well-defined and understood. The functions of a committee are simple, as stated in Section 77 of the WHS Act.
Make sure all committee members understand the difference between the health and safety representative role and the role of the committee. HSRs deal with issues related to the people in their work groups. HSCs deal with matters that concern the workplace as a whole. Beware of persons who hobby-horse on things that "they" want the committee to be involved in that are not functions of the committee and have nothing to do with workplace consultation. [Note 6]
Ensure the agenda is not crowded with minor problems which should be solved elsewhere.
2. Committee lacks direction and decisions are referred elsewhere
Make sure senior managers on the committee are in a position to make decisions or pass information up to senior executives who can make decisions to allocate resources. Employer representatives represent the PCBU (organisation.)
HSC members should be trained in health and safety. They need to know the basics: who are duty holders, what are their duties, WHS consultation, WHS risk management, etc, so they can make valuable contributions to the matters taken up at committee meetings.
Management and workers need to understand that a health and safety committee is one of a number of resources management may utilise for a two-way flow of information between management and the workforce to occur. Issues raised by workers, HSRs, supervisors and management should be in keeping with the scope of the committee’s role.
3. Committee meetings run out of time and business is not completed:
Make sure the agenda is on-topic, manageable and all items can be worked through in the allocated time.
Make sure all members arrive on time.
Prioritise items if it appears there will not be enough time. Make sure urgent or important matters come first.
HSC members should get a copy of the agenda and accompanying papers at least one week before each meeting so all members come prepared.
Make sure day-to-day issues are dealt with elsewhere. The HSC is not an "operational" body. It only meets periodically; therefore, day-to-day operations are not the concern of the HSC.
Make sure "we are running out of time" does not become an excuse for stalling committee business.
4. Committee meetings are dominated by particular committee members:
Consider allocating time for each member who wants to contribute to the discussion on a particular item.
Consider upskilling your HSC members by training in effective meeting procedures. (Courtenell offers training courses that are HSC-specific.)
Make sure the committee is not too large – too many people trying to have a say will bog down the committee meeting.
Representatives on the committee are just that – representatives. They must have the opportunity to present the views of those they represent. Where domination occurs, the chairperson must encourage balanced discussion.
If the chairperson dominates, perhaps plan to rotate the chair each meeting, or establish a meeting code so that all members have an equal chance to contribute.
5. The venue for the meetings is not suitable.
Make sure the venue for the meeting is not noisy, or crowded, or too small.
Ensure management provides facilities and equipment for meetings.
Make sure the committee is respected in the workplace, so that staff opinion is that the committee should be given a suitable venue to conduct its business. If the HSC is respected it will be supported.
Make sure the room is set up properly beforehand, including any A/V gear that might be used.
Make sure others in the workplace understand committee meetings should not be interrupted.
6. The committee is too big. No one gets a proper say
The WHS Act does not state who should be on a health and safety committee other than HSRs. The workplace should aim for suitable representation. The membership of a committee is determined by local agreement. Committee members don't necessarily have to be "WHS people." But, at least half of the members of the HSC must be workers who have not been nominated by the PCBU. [Note 7] This does not mean the committee should be the size of a posse.
More than one committee may be needed if the workplace is large. A tiered structure with departmental or section committees coordinated by an overall committee can work well in large businesses.
The chairperson should be trained in how to conduct meetings to ensure discussion is balanced and to enable proper representation of attendees. (Courtenell offers training for WHS committee members.)
7. Recommendations are put off or not followed up and implemented:
Make sure all recommendations are noted in the minutes and the action required is clearly described. Include how recommendations are to be made and to whom in senior management can consider and action the recommendations. A copy of agreed minutes or notes of each meeting should be supplied as soon as possible after the meeting to each member of the HSC.
Make sure minutes are distributed to all HSC members as well as to senior management. Copies of the notes or minutes should be sent to each HSR for the work groups covered by the committee. Copies should also be displayed or made available by other means for the information of workers.
Make sure that items that were tabled at the meeting for consultation are successfully addressed and any feedback from people in workgroups is obtained by their HSRs and relayed back. Put a due date on the information needed and follow up.
Recommendations not implemented should be included on the agenda for the next meeting and the chairperson should pursue the matter. Those people who did not do their part in implementing a course of action should be held accountable.
The committee should always refer to specifics stated in the WHS Act in encouraging compliance from people who have tasks to do. For example, Sections 46-49 of the WHS Act refer to when and how consultation needs to occur. Referring people to the Act may help improve clarity in completing their tasks and meeting expectations.
References
The Robens Model was derived from a report published in the UK in 1972 by Lord Alfred Robens proposing changes to the UK Occupational Safety and Health system which was perceived to be overly regulatory. Up until the 1970s Australian health and safety law was mostly derived from the 19th century British health and safety legislation (particularly the 1878 Factories Act, and later the 1901 Act.) The "Robens Model" was thereafter adopted in Australia.
Socio-Political Context: OHS Law and Regulation in Australia, by Elizabeth Bluff. First published in 2012 by the Safety Institute of Australia Ltd, Tullamarine, Victoria, Australia. https://www.ohsbok.org.au/wp-content/uploads/2013/12/8-Sociopolitical-OHS-law-in-Australia.pdf
Section 18 Functions of OHS committees and OHS representatives (Page 11), New South Wales OHS Act 2000 (repealed). https://legislation.nsw.gov.au/view/html/inforce/current/act-2000-040
Comparison of Occupational Health and Safety Arrangements in Australia and New Zealand (2008) Published by Safe Work Australia (Pages 44-76) https://www.safeworkaustralia.gov.au/system/files/documents/1702/comparisonofohs_aus_nz_5thed.pdf
Work Health and Safety Law and Policy, 3rd edition, by Richard Johnstone, Liz Bluff & Alan Clayton. Published by Thomson Reuters, May 2012. ISBN 9780455229836 https://www.boffinsbooks.com.au/books/9780455229836/work-health-and-safety-law-and-policy (required reading for current Diploma of WHS certificate.)
Health and Safety Committees (Safe Work Australia) https://www.safeworkaustralia.gov.au/safety-topic/managing-health-and-safety/consultation/health-and-safety-committees#:~:text=The%20membership%20of%20an%20HSC%20is%20agreed%20between,HSC%2C%20unless%20they%20do%20not%20wish%20to%20participate.
Health and Safety Committees FACT SHEET (SafeWork NSW) https://www.safework.nsw.gov.au/__data/assets/pdf_file/0011/319853/Health-safety-committees-SW08679.pdf
For more information on WHS training or WHS compliance services, or if you would like help to make your WHS management system even more robust, please feel free to contact us at train@courtenell.com.au or phone us on 02 9552 2066
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