Victorian Consolidated Regulations

8 Reg. 9.2.1: S.R. No. 127/2000 as amended by S.R. No. 96/2005. - SECT 2.2.4.

Procedure for resolving issues

2.2.4. Procedure for resolving issues



(1) As soon as is reasonably possible after a health or safety issue has been
reported the following persons must meet and try to resolve the issue-

   (a)  the employer or employer representative; and

   (b)  the health and safety representative or any employee nominated under
        regulation 2.2.2(4) or the employees affected by the issue.

(2) For the purpose of resolving the health and safety issue as quickly and
effectively as possible the parties must have regard to-

   (a)  the number and location of employees affected by the issue; and

   (b)  whether appropriate temporary measures are possible or desirable; and

   (c)  the time that may elapse before the issue is permanently resolved; and

   (d)  who, on behalf of the employer, is responsible for performing and
        overseeing any action agreed necessary to resolve the issue.

Note Section 20 of the Act sets out the process to follow in ensuring health
and safety.





(3) If, after the resolution of the health and safety issue, a party involved
in the resolution of that issue requests the employer to set out in writing
the details of the issue and matters relating to its resolution, the employer
must do so, to the satisfaction of all parties.

(4) As soon as is reasonably possible after the resolution of an issue, the
employer must ensure that details of any written or oral agreement between the
parties are-

   (a)  brought to the attention of the employees affected by the issue; and

   (b)  forwarded to any health and safety committee.

(5) Any of the parties to the resolution may forward details of any agreement
between the parties under subregulation (4) to any relevant organisation of
employees or of employers.

(6) An agreement under subregulation (4) must be-

   (a)  in a form that is approved by all parties; and

   (b)  communicated in the manner and in any language that is agreed by the
        parties to be appropriate.

Note Sections 35 and 36 of the Act set out the duty of the employer to consult
with employees, including involving the health and safety representative (if
any). (See also regulation 2.1.5). __________________

CHAPTER 3-PHYSICAL HAZARDS