Safety Matters - Rail, Tram and Bus Union of NSW

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Roles and Powers of Union and OHS Representatives As the Union or OHS representative in your workplace, you have an important role in identifying hazards, consulting with co-workers, other relevant external people and organisations, such as the Union head office and WorkCover. As an elected representative, you have a responsibility to faithfully convey issues and concerns of your co-workers, to monitor OHS issues and developments, and to act to ensure that the workplace is a safe and healthy environment, through effective OHS policies, programs and management and review processes. SECTION TWO Safety Matters A Guide for Workplace OHS Representatives There is often an artificial distinction made between ‘industrial’ and OHS matters in the workplace. The health, safety and welfare of employees is a fundamental entitlement of all employment, and as such is an ‘industrial’ issue. Indeed, the OHS laws provide a strong and effective means of ensuring and enforcing health and safety compliance. Every employee has the right and duty not to engage in unsafe work practices, not to expose others to risks, and to notify their employer of dangers and hazards. Put differently, a train driver or bus has a duty not to operate an unsafe train or bus, a guard or station assistant has a duty to prevent risks to coworkers and the public, just as any employee has a duty not to continue work which is considered unsafe. The simple rule of thumb is that if an employee, a union delegate or OHS representative, considers a work practice or situation to be unsafe, they are under a legal duty not to allow that work practice to continue. The work should not be commenced until a satisfactory solution has been implemented to ensure that it is safe. The laws provide individual employees, union delegates and officials, and OHS representatives, with the power and duty to prevent unsafe work practices. The OHS duties and obligations of the employer are so clearly defined, that if the employer is in compliance with their legal responsibilities, there should be no disputes relating to OHS in the workplace. While the normal disputes processes and industrial tribunals are available to resolve health and safety matters, the OHS Act and Regulations also provide a range of methods for resolving OHS issues in the workplace. Monitoring OHS Programs and Procedures 52 RAIL TRAM AND BUS U N I O N
The Workplace Representative and the Law The OHS laws in New South Wales give broad and significant powers to OHS Committee members and OHS Representatives. Generally, these include: • Being actively involved in risk assessment processes • Their recommendations must be considered by the employer • The employer must adequately respond to the issues raised • Investigating any health and safety matter in the workplace • Receiving appropriate paid training • Being elected in accordance with the OHS Regulation • Accompanying an inspector on an inspection or report on OHS matters • Accompanying an employee of the OHS Representatives workgroup during an interview by the employer on an OHS matter • Being an observer during a formal in-house investigation of an accident or incident • Assist in the development of workplace OHS policies and programs • Make recommendations on training, committees, in relation to OHS matters It is important for union delegates and safety representatives to be aware of what they are legally entitled to do in carrying out their OHS responsibilities. General Scope and Functions of Workplace Representatives As has been outlined previously, the OHS Act imposes an obligation on employers to consult on health and safety matters. This may be by way of OHS Committees and OHS Representatives, or by other arrangements that meet the legal requirements. OHS Committees and Representatives are to be elected in accordance with the Act and Regulations, and can represent the employees in the workplace or separate work groups in a workplace. That is, an OHS representative may or may not be the workplace union delegate. Whether or not an OHS representative is also a union delegate does not diminish the powers and responsibilities of either of these roles. The union delegate has an overall responsibility to represent the Union and its members in the workplace in relation to all matters, including OHS. When there are separate OHS representatives and union delegates in the workplace, they BACK TO CONTENTS Safety Matters A Guide for Workplace OHS Representatives SECTION TWO RAIL TRAM AND BUS 53 Monitoring OHS Programs and Procedures U N I O N
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RAIL TRAM AND BUS U N I O N Safety
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The material and information contai
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Safety Matters: A Guide for Workpla
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Whats in the Safety Matters Guide?
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How Does Your Company Rate on Healt
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OHS Management Safety, Health and E
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BACK TO FRONT PAGE CONTENTS Defi ni
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Defi ning Workplace Health and Safe
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3. Legal: There are penalties for f
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Importance of Workplace Health and
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• Provision of adequate informati
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Transport and Storage - General Aus
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Types of Rail Accidents Derailments
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Legal Requirements NSW OHS Act 2000
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• clearly state the criteria and
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Industry Codes of Practice Part 4,
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Guidance Notes Guidance notes are e
Page 35 and 36: SECTION TWO Monitoring OHS Programs
Page 37 and 38: A Guide to OHS Responsibilities Saf
Page 39 and 40: Safe systems of work The way in whi
Page 41 and 42: Workplace Violence towards Bus Driv
Page 43 and 44: Similar responsibilities are requir
Page 45 and 46: Responsibilities of Directors and M
Page 47 and 48: A Guide to Systematic Management of
Page 49 and 50: The report also identified ‘human
Page 51 and 52: Employer Commitment and Policy An o
Page 53 and 54: 3. Specify objectives or performanc
Page 55 and 56: the organisation expects of everyon
Page 57 and 58: c) EMPLOYEES All employees are requ
Page 59 and 60: • a workplace that is without ris
Page 61 and 62: The OHS Committee/OHS Representativ
Page 63 and 64: A Guide to Consultation and OHS Leg
Page 65 and 66: OHS Consultation Code of Practice T
Page 67 and 68: Table 1: Effective and Ineffective
Page 69 and 70: OHS Consultation Checklist Safety,
Page 71 and 72: A Guide to Risk Management Safety M
Page 73 and 74: Undertaking OHS Risk Management To
Page 75 and 76: Incident/accident investigations Ma
Page 77 and 78: The overall level of risk increases
Page 79 and 80: need to be translated into a multi-
Page 81 and 82: For example, if a train is operatin
Page 83 and 84: Risk Management Procedures Checklis
Page 85: A Guide to Roles and Powers of Unio
Page 89 and 90: 30 Additional functions of OHS comm
Page 91 and 92: • to ensure that employees partic
Page 93 and 94: Relations Act 1996 and produces the
Page 95 and 96: OHS Representatives Checklist Safet
Page 97 and 98: A Guide to Safe Work Practices Safe
Page 99 and 100: Figure 1: Three Stages to Safe Work
Page 101 and 102: Answering No to any of the followin
Page 103 and 104: Work Environment Factors in the wor
Page 105 and 106: A Guide to Conducting Workplace OHS
Page 107 and 108: Safety issues can often be identifi
Page 109 and 110: Preparing and Presenting a Workplac
Page 111 and 112: Sample Workplace Inspection Checkli
Page 113 and 114: Adequate work space around machine
Page 115 and 116: BACK TO MAIN PAGE CONTENTS What is
Page 117 and 118: • Damage to clothing and artifici
Page 119 and 120: Employer Responsibilities Under The
Page 121 and 122: Important note An employer who dism
Page 123 and 124: Once the insurance company has prov
Page 125 and 126: What the insurance company must do
Page 127 and 128: The purpose of making provisional p
Page 129 and 130: Payments to Injured Workers NSW wor
Page 131 and 132: Total incapacity First 26 weeks of
Page 133 and 134: No Suitable Duties If no suitable d
Page 135 and 136: Case Study Ahmed is a Workshop Main
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Injury Management is a System Injur
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• A plant operator with a broken
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Injury Management Flow Chart 1. Rep
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Summary of Frequently asked Workers
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What does it cost? If you are a mem
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SECTION FOUR OHS Factsheets BACK TO
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RTBU OHS Fact Sheet 1: Accident and
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The employer must provide the name
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Accident and injury notifi cation -
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Employees’ rights and responsibil
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Steps in Employee Injury Notifi cat
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Control of workplace hazardous subs
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Pumping concrete codes of practice
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RTBU OHS Fact Sheet 3: General Work
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The washing facility should be prot
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Dining areas: Making them appropria
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Some employees may have different n
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Toilet requirements in different ty
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foundry work or fire fighting), or
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OHS General Amenities Checklist Saf
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RTBU OHS Fact Sheet 4: Amenities-Ac
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• Barracks are to have fully equi
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Minimum standards - motels / apartm
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Radio Alarm Clock • Must be in al
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Accommodation Inspection Checklist
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Accommodation Inspection Checklist
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RTBU OHS Fact Sheet 5: Cash Handlin
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Please note that each workplace has
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Making a workers compensation claim
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• Fit bullet resistant barriers o
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• Wear conservative clothes (such
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Safer Work Practices Safety, Health
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RTBU OHS Fact Sheet 6: Drug and Alc
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Operator programs Operators must ta
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as a control for the risks posed by
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OHS Drug & Alcohol Checklist Safety
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Operators have a responsibility to
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State Governments • New South Wal
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The NSW OHS Regulation 2001 -Clause
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Safety Equipment There are regulati
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Hazard Classifi cation and Control
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If there is a danger of cuts or exp
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Hazardous Substances Checklist Trai
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RTBU OHS Fact Sheet 9: Bullying and
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• Loss of concentration • Loss
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Workers compensation legislation If
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Civil claim for damages Workplace b
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Prevention of workplace bullying Bu
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Resolving or investigating complain
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There are some circumstances where
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processes, from senior management f
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Enterprise bargaining agreement Wor
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not exhaustive and you may need to
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Safety Matters - Rail, Tram and Bus Union of NSW

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