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Top of PageGeneral Principlesof Occupational Health Safety and Welfarein South AustraliaRole of UnionsWorking to improve health and safety in the workplace is a legitimate and important activity for trade unions. A healthy and safe work environment benefits workers. Workers have rights, powers and functions, and often need support to exercise these rights effectively. Workplace hazards and risks are often due to a poor working environment and it is a major role of unions to improve the working conditions of workers. Factors involved in work related injury or illness include (often in combination):
All the following are among the factors unions consider when negotiating workplace agreements and changes:
These all have an impact or a potential impact on the health, safety and welfare of workers. Under current legislation it is often difficult to take industrial action to change working conditions. However most aspects of working conditions have some impact on the health, safety and welfare of workers. Using the provisions of the Occupational Health Safety and Welfare Act 1986 and working with the Health and Safety Representatives and Health and Safety Committee members may offer alternative avenues to effect positive change. When the workplace union representative and the Health and Safety representative work together they have increased power and influence. Effective consultative arrangements used to address health and safety matters lay the foundation for effective communication and co-operation on other workplace issues. If one member asks for a union representative to assist with any health and safety issue the union must be allowed access. What is Occupational Health Safety and Welfare?Occupational Health, Safety and Welfare aims to provide a safe and healthy environment in which to work. Equipment, machinery, resources and materials must be
Work practices must
Workers must have appropriate training, information and supervision to
The law requires employers to provide and maintain a safe and healthy environment for their employees in which to work. The law requires employees to behave in a manner at work which does not knowingly put their safety or that of other workers at risk. DefinitionsOccupational Health and Safety is:
The prevention among workers of departures from health caused by their working conditions; The protection of workers in their employment from risks resulting from factors adverse to health; The placing of and the maintenance of the workers in an occupational environment adapting to physical and mental needs." International Labour Organisation and the World Health Organisation, 1963.d The following are matters which relate to occupational health, safety and welfare:
Occupational Health, Safety and Welfare Act, 1986 Section 4 subsection (4) Protection Of WorkersThe OHS&W Act spells out the protection workers have against discrimination on the grounds they were legitimately involved in OHS activities In brief: If a worker is
then the employer must not
the worker because of their involvement in those legitimate OH&S activities. The employer must prove that the action they took was for another, legally acceptable reason, rather than the worker having to prove the only reasonable explanation for the action against them was that they were involved in proper health and safety activities. Section 56 Sub section (1) & (3) Occupational Health Safety & Welfare Act 1986 This is an important point of law. All the worker has to prove is that the discriminatory action happened. The employer must justify why the action was taken. The employer has the harder point to prove. Workers Have PowersWorkers involved in proper OH&S activities must not be harassed, intimidated, dismissed or discriminated against because of those activities. Where a union member wants the union’s support for an OH&S matter, the union official can enter the workplace when requested by that worker, no matter how many members they have, or don’t have at that workplace. Health and Safety Representatives can call in government inspectors to investigate and take action against unsafe
Employers must consult with their workers on matters relating to OH&S such as policies, practices and procedures and changes to work, workplaces or policies. Workers, through their Heath and Safety representative can
if there is a risk to their health, safety and welfare if they continued with that work. Through the Health and Safety Representative, employers can be made to fix OH&S problems that have been identified. Health and Safety Representatives can undertake training every year to enable them to
Health and Safety Training is paid for by the employer, with subsidies from WorkCover and should not result in any loss of income for the worker. Why Do Accidents Occur?Accidents in the workplace occur for various reasons. The following list identifies some possible reasons for accidents occurring in the workplace.
The term ‘careless’ worker, often used by employers, implies worker responsibility when in fact there are several contributing factors to accidents within the workplace. This list illustrates the various factors involved. Individual Factors
Work Environment
Work Design
These factors can often overlap and interact with each other as well as occurring in groups to combine to increase the risk. The unsafe work environment is to blame. The environment and work practices must be changed not the workers.This is the employer’s responsibility.
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