New Requirements for Issue Resolution

Roxayne WestLegislation

The new WHS Act requires action to resolve issues.  Previously resolving issues was mainly through the OHS committee or representative.  The new legislation mandates that you must take reasonable efforts to achieve a timely, final and effective resolution of a WHS issue between workplace parties.

The following are now considered parties to a work health and safety issue:

  • The PCBU with whom the issue has been raised or their representative, for example an employer organisation,
  • Any PCBU who is involved in the issue or their representative,
  • If the affected workers are in a work group, their health and safety representative (HSR) or the HSR’s representative, and
  • If there are no HSR’s for the affected workers, then the affected workers themselves or their representative.
  • If a work health and safety matter remains unresolved after discussion between the parties, it becomes a work health and safety issue subject to the issue resolution process.

Each party and their representative are to follow the agreed issue resolution procedure or if there is not one, the default procedure prescribed by the model WHS Regulations.