Employee Participation in Health and Safety Policy

Application

1. This policy applies to all staff of the University of Waikato.

Related documents

2. This policy should be read in conjunction with the following documents:
   • Health and Safety in Employment Act (1992) and amendments
   • Accident Compensation Act 2001 (Part 6, Section 185)
   • Occupational Health and Safety Policy
   • Work-Related Accidents and Injuries Policy
   • Staff Code of Conduct
   • Procedures for Electing a Health and Safety Representative.

Purpose

3. The purpose of this policy is to:
   1. establish an agreed system for employee participation in health and safety matters
   2. set out the responsibilities of elected Health and Safety Representatives
   3. specify the functions of the Health and Safety Forum, and
   4. provide guidelines for the establishment and operation of Worksite Health and Safety groups/committees for those areas wishing to establish them.

The Agreed System for Employee Participation

4. The University's system, agreed with relevant Unions, for employee participation in Health and Safety has been established to enable staff to participate fully in health and safety matters in the workplace and to make recommendations to relevant managers. The elements of the agreed system are:
   1. elected Health and Safety representatives
   2. Health and Safety Forum
   3. establishment of local Health and Safety groups.
5. The activities of the Health and Safety Forum, elected Health and Safety representatives and worksite groups are complementary to the activities of line managers.

Election of Health and Safety Representatives

6. Employee Health and Safety Representatives must be elected by staff through secret ballot.
7. The Unions and the University conduct elections for Health and Safety Representatives jointly.
8. Staff members who accept nomination for election as Health and Safety Representatives must work sufficiently regularly and for a sufficient duration to enable them to carry out the functions of the position effectively and be willing to take on the position.
9. The election process is set out below:
   • The Health and Safety Coordinator advises the Combined Unions Representative that a new Health and Safety Representative is required
   • The Union and employer jointly call for nominations from all staff members in the relevant grouping
   • If there is only one candidate for a position then that candidate automatically fills that position
   • If there are no candidates for a position, the position is not filled until such time as there is a nomination or until the next round of elections
   • If more than one nomination is received then an election is held
   • The Health and Safety Coordinator and the Combined Unions Representative will jointly conduct the election, giving all employees in the relevant grouping a reasonable opportunity to vote
   • If an elected Health and Safety Representative leaves the position a new election will take place in either February or July if outside the main election process.
10. Employee Health and Safety Representatives must serve a term of two years in the first instance.
11. Health and Safety Representatives have the right to stand for re-election.

Functions of Elected Health and Safety Representatives

12. Elected Health and Safety Representatives must:
    • be familiar with the University's Health and Safety policies, procedures and guidelines and participate in the review of such documents or the development of new ones
    • foster positive health and safety management practices in places of work
    • identify and bring to the employer's attention hazards in the place of work and discuss with the employer the ways that the hazards may be dealt with
    • consult with inspectors on health and safety issues
    • participate in the local Health and Safety group, where applicable
    • participate in audits, where applicable
    • make every effort to attend regular Health and Safety Forum meetings and contribute to forum activities
    • promote the interests of employees in a health and safety context generally and, in particular, those employees who have been harmed at work, including in relation with respect to arrangements for rehabilitation and return to work
    • undergo appropriate training
    • maintain confidentiality on any personal or non-health and safety information obtained.
13. A list of the agreed elected Health and Safety Representative positions is set out in Appendix A to this policy; a list of elected Health and Safety Representatives is available on iWaikato and sent Union organisers annually.

Training for Elected Health and Safety Representatives

14. Each elected Health and Safety Representative is entitled to a minimum of two days paid leave per year to attend a training course approved under clause 19G of the Health and Safety in Employment Act (1992) and amendments, and in accordance with the provisions outlined in legislation.
15. Except where approved otherwise by the Health and Safety Coordinator, in consultation with the Combined Unions Committee, Health and Safety Representatives are required to attend an ACC/CTU training course.

Hazard Notices

16. Health and Safety Representatives who have attended an approved training course as set out under sections 14 and 15 above, may issue hazard notices in the following circumstances:
    • when there are reasonable grounds to believe a hazard exists, and
    • the hazard has been brought to the attention of the employer, and
    • the hazard has been discussed or an attempt has been made to discuss with the employer steps for dealing with the hazard.
17. The trained Health and Safety Representative may give the employer a hazard notice if:
    • the employer refuses to discuss, or take steps to deal with the hazard, or
    • the employer and Health and Safety Representative do not agree on the steps that must be taken or the time within which the steps must be taken to deal with the hazard, or
    • the Health and Safety Representative believes on reasonable grounds that the employer has failed to meet the requirements of section 6 of the Health and Safety in Employment Act (1992) in relation to the hazard within a time agreed during the discussion.
18. If a hazard notice has been given, the Health and Safety Representative may notify a Health and Safety Inspector of that fact.
19. The employer and the trained Health and Safety Representative must deal with each other in good faith.

The Health and Safety Forum

19. Membership of the Health and Safety Forum consists of a convenor (the Health and Safety Coordinator), the elected Health and Safety Representatives, and staff with specialised Health and Safety responsibilities as part of their role.
20. The Health and Safety Forum must meet at least four times per year, or more often if important health and safety issues arise.
21. The purpose of the Health and Safety Forum is to:
    • provide an 'educational' opportunity for forum participants
    • provide networking opportunities with other Health and Safety Representatives
    • review new health and safety policies and guidelines
    • contribute to the review of current health and safety policies and guidelines.
22. Elected Health and Safety Representatives may forward agenda items, including those related to policy.

Worksite Groups/Committees

23. Worksite Groups/Committees may be formed where a specific need for such a group is identified in consultation with the Health and Safety Coordinator.
24. Worksite Groups/Committees normally consist of a convenor, the elected Health and Safety Representative, and several members representing the occupational mix of the worksite area. Additional members may be co-opted for specific purposes if required. The convenors are entitled to have direct access to the Health and Safety Coordinator on request.
25. The procedure for holding meetings and the conduct of business is to be determined by the participants in each group. Guidelines are set out below:
    • it is recommended that worksite health and safety groups/committees meet on a three monthly basis. Special meetings may also be called by the convenor or at the request of any group member to discuss extraordinary circumstances
    • an agenda should be circulated prior to meetings and a record of each meeting should be kept to provide an audit trail of the group's activities. The agenda and minutes or meeting notes should be available on request to employees represented by the worksite group/committee and to the Senior Manager for the Faculty/School/College/Division or equivalent
    • recommendations for action on health and safety matters should be conveyed to the appropriate person by the convenor.

Approved by the Vice-Chancellor
19 January 2010

The University of Waikato System for Employee Participation in Health and Safety has been agreed by the University and the following unions representing staff:

The University of Waikato
Signed on behalf of the Vice-Chancellor by
Carole Gunn
Director, Human Resource Management Division
The University of Waikato

The NZ Public Service Association
Signed on behalf of the PSA by
Rob Parton Organiser
NZ Public Service Association

The Tertiary Education Union
Signed on behalf of the TEU by
Megan Morris
Organiser
Tertiary Education Union

The Service and Food Workers Union
Signed on behalf of the SFWU by
Rupene Amato
Service and Food Workers Union

The Amalgamated Workers Union NZ Inc.
Signed on behalf of the AWUNZ by
Northern Amalgamated Workers Union Inc

The New Zealand Education Institute Te Riu Roa
Signed on behalf of the NZEI by
John Law
NZEI Field Officer (Waikato)

Appendix A - Elected Health and Safety Representative Positions