Occupational Health and Safety (Issue Resolution) Regulations 1989 (Vic)

Version No. 001

Occupational Health and Safety (Issue

Resolution) Regulations 1989

S.R. No. 187/1989

Version as at 7 May 1998

TABLE OF PROVISIONS

Regulation Page

1.	Title	1
2.	Objective	1
3.	Power	1
4.	Parties to the resolution of issues	1
5.	Procedure for reporting issues	2
6.	Procedure for resolving issues	3

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NOTES	5
1. General Information	5
2. Table of Amendments	6
3. Explanatory Details	7

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Version No. 001

Occupational Health and Safety (Issue
Resolution) Regulations 1989

S.R. No. 187/1989

Version as at 7 May 1998

1. Title

These Regulations may be cited as the Occupational Health and Safety (Issue Resolution) Regulations 1989.

2. Objective

The objective of these Regulations is to prescribe a procedure for the effective resolution at workplaces of health and safety issues as they arise, where there is no agreed procedure for resolution.

3. Power

These Regulations are made under sections 26 and
59 of the Occupational Health and Safety Act

1985.

4. Parties to the resolution of issues

(1) An employer must nominate management

representatives who are responsible for dealing
with specified health and safety issues, and must,

so far as is practicable—

(a)	notify the employees of the nominations in the manner that is, and in the languages that are, appropriate; and
(b)	notify in writing the health and safety committee, of the nominations.

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r. 5 S.R. No. 187/1989

(2) If an issue arises before nominations have been

made, the employer is responsible for dealing with
the issue or, if the employer is not available, the
most senior management representative in that
part of the workplace where the issue has arisen is

responsible for dealing with the issue.

(3) A person, other than a health and safety

representative or an employee nominated under
sub-regulation (4), must not act on behalf of
employees in that part of the workplace where the
issue has arisen.

(4) If there is no health and safety representative, the employees in that part of the workplace where an issue has arisen may nominate any employees to act on their behalf.

(5) At any stage in the resolution of an issue, any party may call in any relevant organisations of employees or of employers to assist the parties to

resolve the issue.

5. Procedure for reporting issues

(1) If an employee wishes to raise a health and safety

issue in a workplace where there is a health and
safety representative, that employee must report it
to the representative.

(2) If an employee, including an employee nominated under regulation 4(4), wishes to raise a health and safety issue in a workplace where there is no

health and safety representative, that employee
must report it to the employer or the management

representative.

(3) An employee may take all steps that are

necessary, including leaving the employee's part
of the workplace, to report an issue.

(4) An employer or management representative who identifies a health and safety issue may report it to

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1989

S.R. No. 187/1989 r. 6

the health and safety representative, or if there is no representative, to the employees who work in that part of the workplace concerned.

6. Procedure for resolving issues

(1) As soon as possible after an issue has been

reported, the employer or management
representative and the health and safety
representative, or any employee who is nominated
under regulation 4(4), must meet and try to

resolve the issue.

(2) The resolution of the issue must take into account

those of the following factors that are relevant—

(a) whether the hazard or risk can be isolated;

(b)	the number and location of employees affected by it;
(c)	whether appropriate temporary measures are possible or desirable;
(d)	whether environmental monitoring is desirable;
(e)	the time that may elapse before the hazard or risk is permanently corrected;
(f)	who is responsible for performing and overseeing the removal of the hazard or risk.

(3) If any party involved in the resolution of the issue

requests, the details of the issue and all matters
relating to its resolution must be set out in writing
by the employer to the satisfaction of all parties.

(4) As soon as possible after the resolution of an

issue, details of the agreement, in a form that is approved by all parties and in the manner and in any language that is agreed by the parties to be

appropriate—

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1989

r. 6 S.R. No. 187/1989

(a)	must be brought to the attention of the employees; and
(b)	must be reported to the health and safety committee; and
(c)	may be forwarded by the parties to any relevant organisations of employees or of employers.

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Occupational Health and Safety (Issue Resolution) Regulations
1989

S.R. No. 187/1989 Notes

NOTES

1.  General Information

The Occupational Health and Safety (Issue Resolution) Regulations 1989,
S.R. No. 187/1989 were made on 1 August 1989 by the Governor in Council
under sections 26 and 59 of the Occupational Health and Safety Act 1985,
No. 10190/1985 and came into operation on 1 August 1989.

The Occupational Health and Safety (Issue Resolution) Regulations 1989 will sunset 10 years after the day of making on 1 August 1999 (see section 5 of the Subordinate Legislation Act 1994).

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Occupational Health and Safety (Issue Resolution) Regulations
1989

Notes S.R. No. 187/1989

2.  Table of Amendments

There are no amendments made to the Occupational Health and Safety (Issue Resolution) Regulations 1989 by statutory rules, subordinate instruments and Acts.

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Occupational Health and Safety (Issue Resolution) Regulations
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S.R. No. 187/1989 Notes

3. Explanatory Details
No entries at date of publication.

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