Workplace
Bargaining & OHS
Why Include OHS in Workplace Agreements?
The purpose of enterprise bargaining is to agree to workplace
change which will benefit both employees and employer.
“Worksafe Australia’s series of case studies – OHS:
Building Best Practice – has assembled a considerable body of evidence
which demonstrates that the integration of occupational health and safety (OHS)
into the processes of workplace reform can lead to greater efficiencies and
greater productivity”
Occupational Health and Safety Considerations for Workplace
Agreements. Worksafe Australia Information series
OHS improvements can have a direct as well as a more subtle
effect on efficiency and productivity.
Most agreements involve some change to systems of work, hours
and patterns of work, training, supervision and the way in which work is done.
These all have an impact or a potential impact on the health, safety and welfare
of workers.
“Attention to workplace health and safety can make
substantial contributions to workplace efficiency and productivity through:
-
eliminating hazardous conditions in the workplace which create
inefficiencies simply because employees are required to take greater care,
thereby slowing down production;
-
improving workplace design and layout to enhance the natural work
flow which saves time and eliminates hazards associated with, for example,
double handling of materials or strain injuries from poor design and layout;
-
skilled managers who can establish work systems which prevent
injury and disease, supervisors who are aware of their responsibilities towards
their subordinates and employees who have been trained to perform their work in
the safest, most efficient manner; and
-
workplace consultative arrangements which bring the causes of
these inefficiencies to light.”
Occupational Health and Safety Considerations for Workplace
Agreements. Worksafe Australia Information series
Attention to Occupational Health Safety and Welfare as it
relates to workplace agreements, including Enterprise Bargaining Agreements is
required by
OHS&W Act 1986
In particular
Section 3 (d),
(e); Section
19 (1) (f) (i) (ii);
Section 20 (1) (a),
(b); Section 33 (1) (d);
Section
34 (1) (a), (c)
and
OHS&W (Consolidated) Regulations 1995
in particular
1.3.1 (1); 1.3.1 (3); 1.3.1
(4); 1.3.2 (1); 1.3.2 (4) (a),
(b), (c); 1.3.2 (5)
How to Include OHS in Workplace
Agreements
Involve workers and not just committees – if workers feel
they are a real part of the decision making process they will actively help to
make it work
Workers know their work, their skills, their strengths and
their limitations.
“The keys to
success are commitment to the process; continuous consultation; persistence; and
reviews combined with a willingness to change if some things are not going
right.”
TUTA training notes “Enterprise
Bargaining, June 95”
Focus on increased productivity
and efficiency through
Principles to include in
workplace agreement which considers Occupational Health and Safety
-
Link Occupational Health and Safety to broader enterprise
objectives
-
Recognise Occupational Health and Safety contribution to
productivity
-
Establish accountability for Occupational Health and Safety
performance
Consider the Occupational Health and Safety implications of
such things as:
-
Accident and injury reporting systems
-
Hazard audits
-
Maintenance programs
-
Training and information provision
-
Purchasing procedures
-
PPE purchases and outcomes
-
Changes to work systems and methods of work
Work organisation
Job design
Workplace layout
New technology and skills development
Shift work
Effects of extended shifts
EBAs shouldn’t link productivity pay increases to injury
reduction targets.
What To Put In The Agreement
Three elements of successful
OHS system
-
culture of commitment to OHS at all levels of organisation
-
management systems are geared to practical and systematic
implementation and maintenance of OHS culture
-
Physical components of work environment are purchased and
installed and used with OHS in mind
There are 3 main ways to include OHS in agreements.
All three or any one or two can be used as the focus for
incorporating OHS in workplace agreements.
A combination of the Systems Approach and the Integrated
Approach is recommended except
where it is deemed critical to address enterprise or industry specific hazards.
A combined Systems/Integrated Approach would result in an
agreement which included broad statements of support for and commitment to OHS
as well as parties to the agreement having been careful not to damage or
threaten the health and safety of workers
through any changes.
This approach requires OHS to be seen as an integral part
of an organisations operations and management strategies.
This requires a commitment from senior management as well
as the union, employees and other levels of management to the concept of
continuous improvement and the valuing of employees.
Using this approach the
agreement may include a statement of commitment to such things as
-
OHS and its integration in all relevant operating systems
-
OHS Consultative structures
-
OHS training and information provisions
-
Keeping appropriate OHS records
-
Regular analysis and review of OHS issues
This approach identifies selected and significant hazards
specific to that enterprise, workplace or industry.
The agreement then includes broad statements outlining
agreed goals in relation to these hazards and/or agreed action to be taken to
minimise or eliminate these hazards.
Using this approach the agreement may include description
of goals and broadly defined action for such things as
-
Reducing specify injuries
-
Australian standards or codes of practice which are to be
implemented
-
Reducing the exposure to a hazard over time.
This approach requires the parties to the agreement to
consider the OHS implications of the work practices, systems of work, patterns
and hours of work and the detail of how work is to be done and by whom, as
agreed.
The object of this approach is to make sure that the
parties do not agree to anything which may threaten or work against the
maintenance of the health and safety of the workers.
Using this approach OHS may not be specifically mentioned
in the agreement.
Some of the issues to consider are
Beware
Avoid too much detail for Occupational Health and Safety in
the workplace agreement (Awards, AWA, EBA), especially if the agreement is
registered federally.
Use broad and general statements rather than including too
much detail.
Keep the detail of how OHS commitments will be addressed
for the Policy and Procedures documents which each workplace must develop in
consultation with workers.
Rather than repeat provisions detailed elsewhere (eg. The
Act, Regulations, Approved Codes of Practice or Australian Standards) the
workplace agreement should simply make reference to these.
This reduces the risk of inconsistencies with other related
laws, policies and guidelines.
Consistency with State and Federal OHS Laws
If negotiating for higher standards, make sure that any
provisions in the agreement are compatible with existing enforceable
requirements – eg Act, Regulations, Approved Codes of Practice, Australian
Standards, Industry Codes of Practice
State agreements must not conflict with State laws.
If a federally registered agreement (eg. EBA, AWA, Award)
is inconsistent with State legislation (eg OHS&W Act) the federal agreement
overrides the State law in matters relating to those inconsistencies.
If the federally registered agreement completely restates
or substantially rewrites the State laws they are deemed to have “covered the
field” and they completely override the State laws.
Where a federally registered agreement overrides State law
in part or completely the federal agency responsible for managing the agreement
(eg Australian Industrial Relation Commission) is also responsible for
enforcement of these OHS matters.
The state OHS management agency (WorkCover or Workplace
Services) is only responsible for those OHS matters where there is no
inconsistency between the federally registered agreement and the State laws.
This may create some significant problems with enforcement,
inspections and penalties.
Possible Clauses to Include in EBAs
Basic
Intermediate
Advanced
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