Welcome to the HSE Act 2002 Employee Participation Game
If you are a busy manager, trying to understand exactly what the Amendment Act requires you to do about employee participation, you're not alone. The way it is written is meant to leave you with choices, but the experience is something like grasping at clouds. Every time you think you have something to hang on to, it evaporates
The following game reflects that experience. If you get an answer wrong, you get sent back, like snakes and ladders.
We believe we got this technically correct, but we're not lawyers, so if you get it wrong in real life after this exhilarating experience, we accept no responsibility whatsoever!
Start Here:
Q1: Are you an employer?
You're
not? Do you
want to do this? It gets complicated.
Reconsider. Really.
Wrong!
Try harder. Are you an Act supporter or something?
Too much more of this and we'll set Ross Wilson on you.
Welcome to the complex world
of employee participation.
Yes, even if you employ 1 employee, you have
a General Duty to give Reasonable Opportunities for
employees to be involved in health and safety matters
Q2: Which of the following are taken into account
when considering Reasonable Opportunities?
(i.e. five are
correct, two are not)
- Number of employees
- Number of workplaces and distance between them
- Your good accident record
- The hazards at the workplace(s)
- Regularity of employment
- Willingness of employees
- Whether the site manager believes it is reasonable
Clue:
It's one of the blue links. (Toughen up, do you want
the answers too?)
Lucky choice!
Wanna go back and play more Russian Roulette
or move on?
Q3:
Employees must be given opportunities to be involved
in:
(two of the following
are incorrect)
- General workplace safety
- Hazard Management
- Sitting on the Board of Directors
- Safety information
- Design of equipment
- Anything in an employee participation Approved Code of Practice
- Training and Supervision
Wrong! You
seem to be a bit gloomy about all this. Things aren't
so bad. Cheer up!
Correct. Try some more choices
or move on.
Q4: OK,
that's the General Duty taken care of. But did you really
think that was all there was to it? So far, we've covered
about one page of the total of nine on this topic.
Do you have:
More than 30 employees, regardless of their geographical spread | Less than 30 employees
Q5: You have less than 30 employees. One of them
becomes disgruntled about a safety issue and demands
that you set up an employee participation system as
detailed in the Act.
What must you do:
- Get OSH to arbitrate
- Accept or decline in writing, giving reasons
- Set up a system, fully in accordance with the Act, that is agreed by yourself, employees and any union that represents them
- Send them on a two day approved training course
Wrong!
Try to think like Margaret Wilson. There's a thought.
Is she related to Ross?
Correct! You're getting the hang of it. But hold
on, there's much more.
You
are now obliged to set up
(in addition to the General Duties before), an
Employee Participation System.
Q6: The System must:
- Provide tea and muffins for the Safety Committee
- Include a review system
- Take into account guidelines in the Act on matters that may be discussed
- Take into account guidelines in the Act on functions of OHS Reps
- Be approved in writing by the local OSH office
You only chose that one to be mischievous, didn't
you? There may be other silly ones.
Try again
Correct. Try
more options or move
on?
Q7: You
were required to set up a System for one of the reasons
above.
If you failed to do so, or failed to agree, what must
happen?
- Employees or their union must go ahead after 6 months and either elect their representatives to carry out the provisions of the Act, or require you to hold such an election
- Employees may apply to OSH to arbitrate after 12 months
- If there has been no agreement by 6 months, then following a further 6 months, the matter is closed
- Margaret Wilson pays you a personal visit accompanied by some large men in shades and suits
Wrong! These
are the days of employee empowerment. Think
again.
Correct. It's a hard old world, isn't it?
Q8: If you had an existing employee participation
system before May 5th 2003, you can use it if:
- OSH approves it and it has a review system
- It can be demonstrated to have made the workplace safer and it has a review system
- It had been in existence for 6 months or more and it has a review system
- You, the employer, the employees and any union representing them agree and it has a review system
- All of the above
Wrong!
Wipe off that perspiration, you're nearly there. Try
again.
Q9:Under
the default conditions, (where you failed to develop
a system), how must safety reps be chosen?
- Show of hands
- The most willing person
- The employer invites people
- Secret ballot
- The employee who has attended an Approved training course
- Any of the above
Correct: Margaret would be proud of you.
Q10: If, under the default system, there is only one candidate, and they are the biggest stirrer you have, do you have to accept them as a safety rep?
Wrong! There is no need to have an election and
the sole candidate automatically fills that position.
Next
Correct. There is no need to have an election and
the sole candidate automatically fills that position.
Q11: An
employee who has just been elected and not been trained
has advised another employee that they should exercise
their right to refuse to do work likely to cause serious
harm. The employee had asked you to resolve the issue
previously and you had declined, giving reasons.
Is this reasonable grounds to refuse to do the work?
Wrong! In this situation, the reasonable grounds
are satisfied, regardless of the competence of the employee
representative.
Next.
Correct. In this situation, the reasonable grounds
are satisfied, regardless of the competence of the employee
representative, or whether the issue would be upheld
by OSH!
Q12:
You send your safety reps on an Approved Training Course
in March 2004 and allow the maximum number of annual
days paid training leave required to do that. Then,
the employees dissolve the Safety Committee and elect
new reps in April 2004, are you entitled to refuse paid
training days for another 12 months?
Wrong! Strictly speaking, you can't refuse, because
the maximum days paid training is calculated from April
to March each year. One would hope that reason would
prevail, however.
Next
Correct. Strictly
speaking, you can't refuse, because the maximum days
paid training is calculated from April to March each
year. One would hope that reason would prevail, however.
Q13:
What condition must be met before a safety rep can issue
you with a Hazard Notice?
- They need to have attended an Approved Course
- They need to have reasonable grounds
- You have failed to agree or discuss the steps to be taken or the time period for achieving it
- All of the above
Correct. You must also act in "Good Faith".
Q14:
Can the safety rep send a copy of the Hazard Notice
to OSH?
Yes | No | Only if the parties disagree on the steps or the time to complete them
Wrong. The Trained Safety Rep "may"
notify OSH if they wish.
Next
Correct.
The Trained Safety Rep "may" notify OSH if
they wish.
Q15:
A Hazard Notice can be a prior warning for:
- Another visit from Margaret's wide boys
- A prosecution under the Employment Relations Act
- A Compliance Order
- An Infringement Notice (OSH spot fine)
- All of the above (OK, except the wide boys)!
Correct. So a Hazard Notice
can't be enforced directly, but it could dob
you in.
Congratulations, you are now an expert in describing why you still don't really know the answer to anything, but at least that's more than most.
If you would like a chat about anything, please feel free to call. We are always developing OHS systems for ACC programmes, providing custom built training courses and interpreting legislation, among other things.
Call Simon on (09) 535 4355; 021 903314 or e-mail info@systems4business.co.nz
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