Articles

The Election of Occupational Safety & Health Representatives

It is very important that the formal processes set out in the Act regarding election and the lead-up to the election are followed.  If this is not done, the validity of the representative’s election may be challenged at a later date, and the powers and protection provided by the Act may be lost

Please read carefully the following process and if you believe that this has not occurred, please discuss with your Principal or Manager the need to undergo the correct procedure.

Step 1:OSH ACT SEC 29 & 30
Any employee who works at the workplace may give notice to the employer requiring the election of a safety and health representative for that workplace or the employer may call for an election.

Step 2:
At the same time as the request is forwarded, begin immediately to discuss the number of OSH representatives required with your colleagues.

Decide on delegates to consult with the Principal/Manager. Try and be representative of all Unions in your choice of delegates.

Step 3: SEC 30
Employer must respond within 21 days by inviting delegates to consult with the Principal/Manager and to discuss:
(a) The number of OSH representatives to be elected;
(b) The matter or areas in respect of which an OSH representative is to exercise their functions;
(c) Who will conduct the election;
(d) What time and facilities will be made available to the elected OSH representatives to assist them in their role.
(e) Decide on and agree on a “scheme” if required (see notes on ‘schemes’ below).
(f) A process for filling temporary vacancies should they arise during the term of office.
NOTE: A Union can only conduct the election if agreed at this stage.

Step 4: SEC 31
The appointed returning officer calls for nominations.
Every employee who works at the workplace is entitled to a vote and the election must be secret ballot.  If only one nomination for a vacancy, there is no need for an election.  The election should be held within a reasonable time.

Step 5: SEC 31
The person conducting the election must notify the employer any OSH committee and WorkSafe of the results of the election.

The term of office for an OSH representative is for 2 years.

Election Disputes

Where a question relating to an election arises, the matter may be referred by any interested party to the Commissioner who shall, if unable to resolve the matter to the satisfaction of the persons concerned, refer the matter to a safety and health magistrate for determination.

Points to consider when discussing the number of Representatives

• Types of work carried out at the workplace
• The locations where work is being done
• The range of working hours
• The types of hazards faced at the workplace
• The number of Unions represented at the workplace
• Number of employees

Points to consider in the appointment of a Delegate

• Delegates are not the OSH representatives although they may be eligible for election as the OSH representative
• Delegates must work at the workplace
• The Union recommends that the Union representative be the delegate as they have the most direct access to the Union and Union information when assistance is required
• The Union does not recommend that the Union representative take on the position of OSH representative as the workload may be too heavy

Points to consider prior to election

• A safety representative represents all those in a WORKPLACE or in the area agreed
• A WORKPLACE means “a place whether or not in an aircraft, ship, vehicle, building or other structure where employees or self employed persons work or are likely to be in the course of their work”
• A school location could be one workplace or may be made up of an infinite number of workplaces

What is a ‘scheme’?

A scheme can provide for either or both of the following:

• An OSH rep to represent more than one workplace or a distinct unit within the workforce, e.g. a rep could also represent the offsite pre-primary, satellite classes or all the SPER centres.  (However all the workers in those workplaces would be entitled to have a delegate take part in the consultation and to be able to nominate for the position and take part in any ballot)
• Contractors and their employees to participate in the election process as if they were employees of the consulting employer e.g. the cleaning contractor’s employees working at the workplace
• Agreements made under any scheme must be in writing

Who is eligible for nomination as a safety representative?

Anyone is eligible to become a safety representative if they work at the workplace, or belong to the particular group at the workplace they want to represent.  Contractors or their employees can also be nominated if the workplace has a ‘scheme’ allowing that.

Re-election of one or more OSH representatives may be necessary at your worksite if:

• the previous representative’s term of office has expired (term of office is two years)
• the representative has transferred out of the school/college or the area of the school/college for which elected, or
• The previous representative has resigned.

Representatives can be re-elected after their two-year term of office has lapsed, but the formal election procedure as laid down by the Occupational Safety and Health Act 1984 (as amended) must be followed.

The OSH representative may have taken maternity leave or long service leave.  If it is envisaged that the school will be left without a representative for a substantial period, then a request should be made through the principal to approve a further election in accordance with the Act.

The original representative will resume the OSH functions on return to the workplace (provided the two-year term has not expired) and functions will be shared between the elected representatives.

Training of safety and health representatives

It is a requirement under the Act that an OSH representative attend an accredited safety course within 6 months of being elected.  A new representative will find it beneficial to attend as soon as practicable after being elected.

The course runs for five days and safety representatives elected in accordance with the Act are entitled to paid leave to attend.

• Courses run each week in the Metropolitan Area and courses are available in country centres for Department of Education employees - one course per year per district.
• If you have already attended the introductory training course, you are not legally eligible to attend again, but you are eligible for refresher/advanced training of up to three days duration.
• If you were elected prior to 2004 you will need to attend a 1 day course to complete the PINS (Provisional Improvement Notice) module if you wish to have the power to serve such a notice.
• If you were elected more than 5 years ago generally the DET will give permission to attend the full 5 day introductory course.  Prior permission should be sought from the DET Safety Officers.
• Country OSH representatives are expected to attend a local course when available.  Under exceptional circumstances or when a local course is not available within a reasonable time, permission may be given to attend a Perth based course.  Prior permission must always be obtained.
• OSH representatives retain the right to attend a course of their choice.
• A guidance note on administrative arrangements such as expenses in available from WorkSafe or the Union office.

A full schedule of recommended training courses is available by contacting Julie Hegarty, Assistant to OSH Organiser or Joy Barrett, SSTUWA OSH Organiser, on Ph: 9325-5311.

Important things to do following election

• When an OSH representative has been elected, it is important to contact the union so that:
  • The union has a record of the representative’s name for contact purposes
  • An application form for the training course and an OSH manual can be forwarded, and
  • We can put the OSH representative on our e-mail list for OSH information
• The person conducting the election  must notify WorkSafe WA of the election result.