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Safety Matters - Rail, Tram and Bus Union of NSW

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• to ensure that employees participating in consultation (<strong>and</strong> in training for<br />

consultation) in accordance with OHS consultation arrangements are paid<br />

as if they were engaged in the duties <strong>of</strong> their employment (whether they<br />

participate as representatives <strong>of</strong> employees or <strong>of</strong> the employer), (Clause 27<br />

(1) (f))<br />

• to pay the costs reasonably <strong>and</strong> necessarily incurred by employees in<br />

connection with their participation in that consultation or training,<br />

That is, not only is the participation in the training to be paid as a normal<br />

part <strong>of</strong> the representative’s employment duties, but also any related costs (for<br />

example course fees) <strong>and</strong> related reasonable expenses (such as travel, meals,<br />

accommodation) are to be met by the employer.<br />

Resolving OHS Issues<br />

Procedure for resolving matters that may be risk to health <strong>and</strong> safety (OHS<br />

Regulation 2001, Clause 29)<br />

(1) This clause applies to the function <strong>of</strong> an OHS committee or an OHS<br />

representative under section 18 (c) <strong>of</strong> the Act to attempt to resolve a matter<br />

that may be a risk to health <strong>and</strong> safety at the place <strong>of</strong> work but, if unable<br />

to do so, to request an investigation by an inspector to resolve the matter.<br />

(2) For the purpose <strong>of</strong> resolving the matter:<br />

(a) the applicable OHS consultative arrangements are to be used, <strong>and</strong><br />

(b) the matter must be formally referred to the employer, <strong>and</strong><br />

(c) the employer is to consider the matter <strong>and</strong> respond in a timely manner.<br />

(3) If the matter is not resolved after the employer has been given a reasonable<br />

opportunity to consider <strong>and</strong> respond to the matter, the OHS committee<br />

or OHS representative may request an investigation <strong>of</strong> the matter by an<br />

inspector.<br />

(4) Such a request by an OHS committee is to be made through the<br />

chairperson <strong>of</strong> the committee. The committee may make arrangements<br />

for the making <strong>of</strong> such requests by the chairperson without a formal<br />

meeting <strong>of</strong> the committee being convened to authorise the making <strong>of</strong> each<br />

particular request.<br />

BACK TO CONTENTS<br />

<strong>Safety</strong> <strong>Matters</strong> A Guide for Workplace OHS Representatives<br />

SECTION TWO<br />

RAIL<br />

TRAM AND BUS<br />

57<br />

Monitoring OHS Programs <strong>and</strong> Procedures<br />

U N<br />

I O N

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