ACMA Health and Safety rights should be enforceable
4 August 2008, 1:26pm
Health and safety rights are so important they can’t be left to discretion or whim. Your rights need to be enforceable in an Agreement where disputes can be settled by an independent umpire. It’s just the same as your Collective Agreement entitlements.
The previous federal government’s OHS legislation (still in place) allows ACMA management to limit the role of your union in representing you on health and safety issues (See link below to nominate your union to represent you on Health and Safety).
Specifically they are proposing to have a Health and Safety Management Arrangement (HSMA) drawn up solely by management, instead of an Agreement with staff representatives (as was previously the case in ACA).
Your union respects the consultative process in ACMA on Health and Safety, however that consultative process is best underpinned by having an Agreement – which is still allowed for under the Act.
A Health and Safety Management Arrangement that is Agreed & enforceable:
The rules can’t be changed by ACMA without your agreement
You can appeal disputes or problems that can’t be resolved through discussion to an independent umpire, not just leave matters to a ComCare investigation.
Having enforceable rules requires two things:
An agreed Health and Safety Management Arrangements document; and
A Dispute Settling Procedure that explicitly links back to your Collective Agreement – holding ComCare to account!
It’s the same as your Union negotiated Collective Agreement. Your rights and entitlements are safest when they’re in an agreement, not in policy.
What are your OHS rights?
Your right to be represented and consulted, and to contribute to decisions that impact on your health and safety.
Management’s obligation to advise and inform you of risks to your health and safety in the workplace.
Management’s obligation to identify, analyse and assess all hazards, and implement measures to eliminate them at their source.
Management’s obligation to develop safe work procedures for commonly encountered hazards.
Your right to be trained in those procedures.
How HSRs will be elected, the length of the HSR's term, and what facilities will be provided to them to seek advice and support in the workplace.
Ultimately your OHS Rights must be enforceable. Leaving the final say to ComCare is not enough!
This HSMA will be the first for ACMA. Let’s get it AGREED the first time around. For an organisation committed to consultation the best document is one that both staff and management have committed to implement.
