OCCUPATIONAL HEALTH & SAFETY AGREEMENT 1992

Word Copy Award (March 2006) Note: This agreement is called up by EBA6.

Occupational Health and Safety Agreement

1. FORWARD

1.1 This Agreement sets out the working arrangements and procedures to be adopted by Australia Post's management, its involved unions and its employees in implementing Australia Post's Occupational Health and Safety Policy in accordance with the Occupational Health and Safety (Commonwealth Employment) Act 1991 (referred to as the OHS (CE) Act).

1.2 The application of this Agreement is consistent with Australia Post's commitment to implement sound work practices to prevent accidents and ill-health caused by working conditions.

1.3 It is to be read in conjunction with the OHS (CE) Act which provides the statutory framework for its implementation, and with codes of practice, Australian Standards and regulations relating to safety and occupational health in the workplace. Other Australia Post policies and industrial agreements such as those covering technological change, industrial participation, and rehabilitation management complement it.

1.4 This Agreement has been reached through joint consultation between management and involved unions. Nothing in this Agreement will restrict any rights or responsibilities of Australia Post, its employees or involved unions established under the OHS (CE) Act.

2. PRINCIPLES

2.1 All managers and supervisors are responsible for the safety of their staff, and the protection of others from risks arising out of Australia Post's activities. This responsibility can best be discharged in the day-to-day context of managing the business.

2.2 To achieve a safe working environment management must establish and implement relevant strategies and goals, and accept accountability for their achievement. Organisational arrangements established by the OHS (CE) Act are an aid to meeting this responsibility. Contemporary management practices such as industrial participation and other forms of co-operative consultation between management, employees and involved unions play an effective part in securing a safe working environment.

2.3 All managers and supervisors must be skilled in safety management and shall undertake appropriate training as required.

2.4 All managers and supervisors must have access to resources, including professionally competent OHS advisers, finances, systems of information (including those relating to accidents, health surveillance and hazardous materials), HSRs and industrial participation processes to manage safety in accordance with Australia Post's OHS Policy and the OHS (CE) Act.

2.5 Each employee must accept responsibility for working safely, and for reporting any breakdown in safety practices. Management must support this principle by providing relevant training, instruction, supervision, and employee consultation programmes relating to safety.

2.6 Joint participation, involving management, involved unions and employees, is an effective means of identifying safety and occupational health risks in the workplace and assisting management in their resolution. Competent professional advice should be utilised in the resolution of more complex matters.

2.7 Codes of practice, Safety Standards, and regulations are to be applied by Australia Post in its operations. Management shall review these on a regular basis, in conjunction with employees and involved unions, to ensure that they are appropriate and have been implemented.

3. AGREED RESPONSIBILITIES

3.1 It is agreed that the achievement of a safe working environment in accordance with the above principles will be aided by the adoption of the following responsibilities by management, involved unions and employees.

3.2 Management

3.2.1 Australia Post recognises that it has an obligation to provide a safe working environment, and that these are not diminished in any way by this Agreement. This obligation, encapsulated in Australia Post's OHS Policy, requires that management implements and maintains a safety management system which includes the following components.

3.2.2 Australia Post management, in consultation with involved unions, will:
(i) establish and promulgate the health and safety responsibilities of all levels of management, the means by which these will be monitored and the means by which accountability for results will be maintained;
(ii) provide financial and staff resources to implement occupational health and safety programmes aimed at achieving the objectives of the OHS (CE) Act and the Australia Post OHS Policy.

3.2.3 Management, in consultation with involved unions, will take all reasonably practicable steps to:
(i) provide and maintain a working environment (including plant, equipment and systems of work) that is safe and without risk to health;
(ii) ensure that all workplaces under the control of Australia Post are safe and without risk to health;
(iii) consult with the Health and Safety Representative (HSR) in the Designated Work Group (DWG) on all matters relating to changes to the workplace or working environment (including systems of work) which may affect the safety and/or health of employees in the DWG, for the purpose of establishing a safe workplace and working environment;
(iv) develop and/or implement relevant regulations, safety standards, and codes of practice relating to safe work practices;
(v) develop and/or implement appropriate procedures for the monitoring of the safety and health at work of employees, and the conditions of the workplaces under Australia Post's control;
(vi) ensure that all managers, supervisors, HSRs and members of OHS Committees are given relevant training and information relating to safety management, and that they are utilised as resources for managing occupational health and safety. This will include training and information relating to powers and responsibilities under the OHS (CE) Act and this Agreement, safety management strategies, workplace safety inspections, accident investigations, consultative processes and OHS information systems;
(vii) ensure that each HSR undertakes an accredited course of training in accordance with the requirements of the OHS (CE) Act. They will be permitted to take such time off work, without loss of pay or other entitlements, as is necessary to undertake the training;
(viii) ensure that all employees are given induction and skills training and instruction necessary to perform their work safely;
(ix) ensure the use, handling, storage and transport of plant, equipment and substances are safe and without risk to health. This will require, in the case of chemicals, physical agents or related processes that data concerning possible adverse health effects will be evaluated against agreed standards and the results made available to all employees;
(x) in the purchase of plant and equipment, ensure that standards relating to occupational health and safety are specified and that all new plant and equipment conforms to those standards;
(xi) ensure that employees are provided with, and use correctly, appropriate protective clothing and equipment, in accordance with Australia Post's Code of Practice for the Mandatory Wearing of Personal Safety Clothing and Equipment;
(xii) provide all employees with workplace-based, easily understood information in appropriate languages describing workplace hazards;
(xiii) encourage HSRs and management to work co-operatively to implement Australia Post's OHS Policy and this Agreement, and to comply with the OHS (CE) Act and all relevant OHS practices and procedures;
(xiv) establish standards for safety performance to be utilised to review the performance of managers and supervisors;
(xv) provide facilities for the welfare of staff at work, in accordance with the requirements of the OHS (CE) Act;
(xvi) provide appropriate medical and first aid services;
(xvii) ensure that all health records relating to employees will be secured and stored on an "in-confidence" basis in accordance with the Privacy Act (1988) and the OHS (CE) Act. This means that information of a confidential medical nature relating to a person who is or was an employee will not be provided to any person other than the employee unless:
a. the employee has delivered to the employer a written authority consent for the release of specific information to a specific person or organisation, or
b. the information is in a form that does not identify the employee, or enable the identity of the employee to be discovered;
(xviii) ensure that all employees actively support Australia Post's OHS Policy and comply with the OHS (CE) Act.

3.3 Unions

3.3.1 Unions agree to co-operate with and actively assist Australia Post management to achieve the aims of the Australia Post OHS Policy and this Agreement and to comply with the OHS (CE) Act by:
(i) participating in OHS committees at all levels when nominated;
(ii) bringing to the attention of Australia Post management, OHS committees and HSRs, as appropriate, safety and occupational health safety matters of concern, and providing assistance to develop appropriate solutions to these matters;
(iii) encouraging their members to follow safe work practices, instructions and rules as an integral part of normal duties;
(iv) encouraging nomination of Health and Safety Representatives and OHS Committee members;
(v) participating in OHS training programmes for employees and management, including the training of Health and Safety Representatives and OHS Committee members;
(vi) ensuring that Health and Safety Representatives undertake an accredited course of training as soon as practicable after their election, to be completed no later than twelve months after selection/election; and
(vii)
(viiii) encouraging Health and Safety Representatives to work co-operatively with Australia Post management in implementing Australia Post's OHS Policy, this Agreement, and to comply with the OHS (CE) Act.

3.3.2 If there is disagreement as to which of the unions is the involved union in a DWG, it is agreed that resolution of this disagreement is the responsibility of all unions signatory to this Agreement.

3.4 Employees

3.4.1 Management and unions recognise the rights of employees to be provided with, and to have maintained, a workplace and working environment (including plant and systems of work) that is safe and that provides adequate facilities for their welfare at work. These rights are confirmed in Australia Post's OHS Policy and the OHS (CE) Act. Management and unions will take all reasonably practicable actions to ensure that these rights and the employee responsibilities listed below are understood and practised by all employees.

3.4.2 Each employee must, whilst at work, take all reasonably practicable steps to ensure that:
(i) the employee does not take any action, or make any omission, that creates a risk, or increases an existing risk, to the safety of any person;
(ii) the employee co-operates with management in meeting all obligations and duties imposed on Australia Post to provide a safe workplace;
(iii) plant, equipment and substances are used in accordance with instructions given by management consistent with their safe and proper use. This includes any item(s) supplied to protect the health and safety of the employee or other persons at or near the place at which the employee is at work;
(iv) the supervisor and the HSR are promptly notified of hazards outside the employee's control or influence; and
(v) to the extent of each employee's control or influence over working conditions or methods of work, he/she will participate in the promotion and application of safe work practices.

3.4.3 Management and unions agree that these responsibilities do not alter the employee's right to cease a particular task when the employee genuinely believes it involves an unacceptable and probable risk of physical injury or danger to health. If an employee exercises this right, he/she must notify their HSR or their supervisor as soon as reasonably practicable, in accordance with the requirements of the OHS (CE) Act.

3.5 Emergency Procedures

Australia Post has procedures relating to emergencies such as those involving fire, bomb threat and identification of suspect postal items which empower a designated emergency controller to take appropriate actions. The designated emergency controller for the facility acts with the authorisation of the facility manager. Any actions taken by the emergency controller do not prejudice any powers, rights and responsibilities of the HSR or others in taking actions in accordance with Sections 37 and 38 and/or any other Section of the OHS (CE) Act.

4. STRUCTURAL ARRANGEMENTS

4.1 Australia Post management and its involved unions agree that the following structural arrangements involving management, employees and involved unions provide an efficient and effective basis of support for management to provide safe working conditions in Australia Post. These arrangements are to be read in conjunction with the OHS (CE) Act and do not limit any rights or obligations under that Act.

4.2 Designated Work Groups

4.2.1 Management and involved unions agree to establish DWGs for the purpose of protecting the occupational health and safety interests of employees. Employees constituting a DWG will be encouraged to select or elect a HSR to represent the health and safety interests of the group.

4.2.2 The composition of each DWG will be determined through a process of consultation between management and involved unions at State level, in consultation with their counterparts at Regional/Business Unit and local levels. This process will be publicised by management in all work centres and by involved unions from time-to-time and immediately after agreement has been reached between unions and management.

4.2.3 Consultations to establish or vary a DWG will be directed principally at determining the manner of grouping employees:
(i) that best and most conveniently enables the employees' interests relating to occupational health and safety to be represented and safeguarded, and
(ii) that best takes account of the need for any HSR elected/selected for that DWG to be accessible to each employee in the group.

4.2.4 DWGs will be established, or varied, in such a manner that, where at all practicable, each employee is included in a DWG.

4.2.5 The number of DWGs and the number of employees in each group may vary according to such factors as:
(i) the number and grouping of employees who perform the same or similar types of work and the workplaces, and the areas within workplaces, where each type of work is performed;
(ii) the nature of any risks to health and safety at workplaces;
(iii) any overtime or shift working arrangements at the workplace.
(Refer Section 24 of the OHS (CE) Act for full criteria.)

4.2.6 If in the course of consultations to establish or vary DWGs there is C disagreement concerning the manner of establishing or varying a DWG, the following steps will be taken to resolve the issue:
(i) in the first instance, any disagreement will be referred to the Regional/Business Unit OHS Committee for resolution;
(ii) if disagreement still exists, that Committee will refer the matter to the State OHS Committee, which may seek advice from the Australia Post National Occupational Health and Safety Committee (APNOHSC);
(iii) where the matter remains unresolved, either party may refer the matter to the Australian Industrial Relations Commission, in accordance with the procedures of the OHS (CE) Act, whose decisions will be accepted by both parties.

This process will be undertaken as expeditiously as is practicable.

4.2.7 Within 14 days after the completion of consultations to establish or vary a DWG, management will, by notifying the employees concerned establish or vary DWGs in accordance with the outcomes of negotiations.

4.3 Health and Safety Representatives

4.3.1 The employees in each DWG may elect or select one health and safety representative (HSR). A person must be an employee in that DWG to be eligible for election or selection as a HSR Election or selection will be carried out in accordance with the procedures in the OHS (CE) Act.

4.3.2 The employees in each DWG may also elect or select one deputy HSR to represent them in the absence of the HSR. (Conditions as for 4.3.1).

4.3.3 Reference in this Agreement to HSRs, their powers, rights and responsibilities also relates to the powers, rights and responsibilities of deputy HSRs.

4.3.4 HSRs will be actively encouraged to exercise the powers, rights and responsibilities prescribed in the OHS (CE) Act and in this Agreement.

4.3.5 In accordance with the OHS (CE) Act, HSRs will hold office for two years from the date of election/selection, subject only to the limitations imposed under the Act.

4.3.6 In the event that management considers that a HSR has acted with the intention of causing harm to the operations of Australia Post, or has acted unreasonably, this will be represented by management to the State office of the relevant involved union, which agrees to carry out an immediate investigation and appropriate resolution. If after a reasonable time the matter remains unresolved management may proceed to implement the processes established by the OHS (CE) Act.

Training of HSRs

4.3.7 HSRs and deputy HSRs will undertake a training course accredited by Comcare and agreed between management and the involved union(s), as soon as practicable after election/selection. Except in exceptional circumstances, agreed between management, involved unions and the employees constituting the DWG(s) concerned, this training will be completed within twelve months of their selection as a HSR Additional training will be undertaken on a basis agreed between management and the involved union(s).

4.3.8 HSRs will be given time off with pay, on a basis agreed between State management and the involved unions, and in accordance with the OHS (CE) Act, to attend occupational health and safety training courses.

4.3.9 All fees incurred by HSRs, in attending training courses accredited by Comcare and/or Australia Post and provided by an external provider will be met by Australia Post where such training is agreed by management and the involved union(s). They will be eligible for reimbursement of any travel costs in accordance with Australia Post's administrative arrangements.

4.3.10 Where specifically agreed between management and the involved union(s), OHS training courses may be developed and delivered conjointly by management and the involved union(s), and may be undertaken conjointly by HSRs and management.

Access to Facilities and Information

4.3.11 HSRs will be provided with access to facilities necessary for the purposes of exercising their powers, rights and responsibilities, including phones, photocopiers, fax machines, filing facilities and available electronic media associated with the storage and distribution of OHS information.

4.3.12 Where it is necessary for a HSR to have access to transport to carry out the duties of the position, local management will make suitable arrangements.

4.3.13 HSRs will be given access to information, including literature, which can reasonably be expected to improve their knowledge and skills in occupational health and safety, and their actions in controlling hazards likely to be encountered in their workplace. This information may be provided by involved unions and/or management.

4.3.14 However, HSRs are not entitled to have access:
(i) to information in respect of which management is entitled to claim, or does claim legal professional privilege; and
(ii) to information of a confidential medical nature relating to a person who is or was an Australia Post employee unless:
(a) the person has delivered to management a written authority permitting the HSR to have access to the information; or
(b) the information is in a form that does not identify the person or enable the identity of the person to be discovered; and
(c) the provision of the information does not breach the Privacy Act 1988.

4.3.15 Where there is more than one DWG in an operational facility, management will provide reasonable opportunity for HSRs in that facility to discuss OHS matters relating to the facility as a whole.

4.4 Occupational Health and Safety Committees - General

4.4.1 Australia Post will establish and maintain an occupational health and safety committee infrastructure that ensures, where at all possible, that every employee is covered by a local OHS Committee.

4.4.2 These OHS committees will be established in such a manner that they provide an effective and timely forum to consider and monitor matters affecting the health and safety of employees and the public affected by Australia Post's activities.

4.4.3 Management and unions will provide OHS committees with all information, including the results of environmental and medical (aggregated) monitoring, performance and other statistical data, relevant to the activities of the committees. Limitations relating to access to medical monitoring information are established in the OHS (CE) Act, and will be strictly enforced.

4.4.4 OHS Committees will not override the direct lines of communication between management and employees, the involved union(s) and HSRs. OHS Committees complement the role of management who accept ultimate responsibility and accountability for occupational health and safety in the enterprise.

4.4.5 The membership of each OHS Committee will be agreed between management and involved unions at-each local level, Business Unit/Region, State or National administration as appropriate. Management representatives will include a senior manager in the workplace covered by the committee. Union representatives to these committees will represent all involved unions in the workplace, and will be appointed jointly by those unions.

4.4.6 Committee members will be appointed for a period of two years and will be eligible for re-appointment; appointments should be staggered to aid continuity. Committee members will elect a convenor.

4.4.7 Each Committee will decide on the frequency of its meetings. Whilst these committees (except APNOHSC) must meet at least quarterly, they will be encouraged to meet on a "needs" basis to address issues in a timely and effective manner.

4.4.8 As part of their monitoring role OHS committees will review all relevant plans and strategies for the management of occupational health and safety, the OHS training needs of management and employees (including induction and skills training), reports of accidents (P400s), dangerous occurrences, OHS performance indicators and other matters including those which must be reported to Comcare.

4.4.9 Committees will be advised by management of any proposed changes to the working environment including the systems of work, which may affect the safety or health of constituent employees or the public, together with measures to ensure safety.

4.4.10 Committees will function in accordance with the following principles:
(i) Committees may establish their own working arrangements, including working parties and sub-committees as required;
(ii) outcomes of committees will be established by a consensus of members;
(iii) professional staff with expertise in occupational health and safety and other technical staff may attend meetings in the capacity of advisers;
(iv) observers may attend with the prior agreement of the Convenor;
(v) involved unions may call in consultants of their choice at the union expense, subject to the agreement of Australia Post management at State or National level as appropriate;
(vi) where a Committee agrees that a consultant is required, and management at Regional/Business Unit or higher accepts this, any costs will be met by Australia Post.

4.4.11 Each committee will obtain notes of meetings and other information from other OHS committees which it considers relevant to its responsibilities.

4.4.12 Australia Post will provide training to OHS Committee members to assist them to exercise their functions as members. Normally this training will be integrated into the activities of the committee meeting.

4.4.13 The workings of the committee will not limit the powers of HSRs as prescribed under the OHS (CE) Act or elsewhere in this Agreement.

4.4.14 The Headquarters and State Head Office OHS Committees function as local OHS Committees.

4.5 Local OHS Committees

4.5.1 Local OHS Committees will include in their terms of reference the consideration and monitoring of any matter relating to the provision of a safe workplace and system of work for all employees in the DWG(s) covered by the Committee, and for the public affected by the activities of the DWG(s).

4.5.2 Local OHS Committees will consider and attempt to resolve health and safety matters which have been the subject of dispute and not resolved at the workplace.

4.5.3 Local OHS Committees will also promote co-operation between management and employees in initiating, developing and carrying out measures to ensure that the workplace is safe and to keep those measures under review.

This will include:
(i) The study of accident statistics and workplace safety reports so that - -advice can be provided to management and employees about unsafe conditions and practices together with recommendations for corrective action;
(ii) Consideration and promulgation of reports and factual information provided by Comcare investigators and HSRs;
(iii) Provision of assistance in developing facility safety rules and safe systems of work;
(iv) Monitoring the effectiveness of the safety content of employee training; C (v) Monitoring the effectiveness of safety communication and publicity;
(vi) Monitoring facility safety audits and their outcome.

4.5.4 A matter unable to be resolved by the local OHS committee may be referred to the Regional/Business Unit committee.

4.5.5 Local OHS committees will include as members HSRs for the DWGs that the committee covers. (HSRs in this context do not include deputy HSRs unless acting as HSRs or unless nominated as representatives for an involved union).

4.5.6 Notes of the issues addressed by local OHS committees including the outcomes will be available for all employees in the constituent DWG(s) to see in plain English and will be communicated in other languages if appropriate.

These Notes will be forwarded to the relevant Regional/Business Unit C Manager for review and assistance, including the provision of resources.

4.5.7 Specialist OHS assistance will be provided to the Committee to achieve specific objectives, where practicable.

4.6 Regional/Business Unit Occupational Health and Safety Committees

4.6.1 OHS Committees will be established in all Regional/Business Units to provide advice on, and monitor, all matters affecting safety and occupational health associated with the business management of the Region/Business Unit, including those matters referred by local OHS Committees.

4.6.2 Management will be represented on all Regional/Business Unit OHS Committees by senior management from the Region/Business Unit.

4.6.3 Committee members representing unions on Regional/Business Unit OHS committees will be appointed jointly by the involved unions in the Region/Business Unit.

4.6.4 These committees will: