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Transcript of 7 Consultation
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7.0 Consultation
7.1 Definition of consultation
Consultation can be defined as seeking and giving of advice, information, and/or opinion,
usually involving a consideration. In order to produce an effective management system
including the safety and health at places of work, consultation is needed in both sides
between the employer and employee. Consultation must involve sharing of information and
opportunity to express both sides views and taking those views into account in making the
final decision.
7.1.1 Requirement to consult
Under the Occupational Health and Safety Act 1994 (Act 514), Part VII, Subsection
30(3) of the act, Every employer shall consult the safety and health committee
with a view to the making and maintenance of arrangements which will enable
him and his employees to co-operate effectively in promoting and developing
measures to ensure the safety and health at the place of work of the employees,
and in ch ecking the effectiveness of such measures.
From the enactment above, the committee functions as a platform for
cooperation between employer and employees to promote and develop measures in
enhancing the safety and health in workplace and to ensure the effectiveness of these
measures.
7.1.2 Purpose of consultation
The purpose of the above enactment is to ensure there is meaningful and
effective consultation about matters that may affect employees health, safety and
welfare as well to reduced injury and disease. Consultation between employers and
employees can result in healthier and safer workplaces, better decisions on health and
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safety matters, a stronger commitment by everyone to implementing decisions, and
greater cooperation and trust between employers and employees.
7.1.3 Important of consultation
Consultation is important to be done and has many advantages. By
consultation, a safe workplace can be easily achieved as everyone involve in the work
communicates with each others to identify hazards and risks, talks about any health
and safety concerns and works together to find solutions. This includes cooperation
between the people who manage or control the work and those who carry out the
work or who are affected by the work. By drawing on the knowledge and experience
of the workers, more informed decisions can be made about how the work should be
carried out safely. There are some benefits or advantages of effective consultation.
Firstly, it gives greater awareness and commitment because workers who have been
actively involved in how health and safety decisions are made will better understand
the decisions. Secondly, it creates positive working relationships because
understanding the views of others leads to greater cooperation and trust.
The requirements to consult, to cooperate and to coordinate activities with
other duty holders will help deal with any gaps in managing health and safety risks.
The gaps that occur may due to the lack of understanding of how the activities of each
person may give hazards and risks to others which may be exposed, assumption of
duty holders that someone else is taking care of the health and safety matter and the
person who takes action is not the best person to do so. Therefore, by consulting,
cooperating and coordinating activities with other duty holders, it gives understanding
on how the activities may impact on health and safety and select the best control
measure to deal and prevent the hazard.
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7.2 When to consult
Employers are required to consult employees (and their health and safety representatives)
about health and safety matters that could directly affect them.
This includes when:
1. Identifying hazards, assessing risks and deciding how to control risks.
In deciding how to control risks, employer must consult with employee who will be
affected by this decision, either directly or through their health and safety
representative. Employee experience may help the employer to identify hazards and
choose practical and effective control measures.
2. Assessing the adequacy of workplace welfare facilities.
Facilities may include the washing facilities, toilet, change room, personal storage and
first aid. Employer has to consult with employee about any changes that may affect
the adequacy of the facilities which help to determine whether the facilities need to be
change or expanded.
3. Determining the membership of any health and safety committee.
Consultation is needed as to determine the most suitable persons to be appointed as
members of safety and health committee. The person appointed has to be responsible
and can cooperate with the workers to produce a safe and healthy working place.
4. Deciding on health and safety policies and procedures.
Idea and opinion from all the members needs to be considered when doing the health
and safety policies and procedure as these will become the guidance for all the people
in the workplace.
5. Proposing changes to the workplace that could affect the health and safety of
employees, including changes to the equipment or substances used or how work
is done.
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To propose change in the workplace such as change in the equipment, substances or
building, the employer should consult with employee and take consideration on how
the changes will affect them in term of safety and health. Sharing information will
lead to better solution in proposing the changes as there is agreement with both parties
and at the same time take into account the other persons that may be affected in the
changes.
Under Subsection 15(1) of the act, It shall be the duty of every employer and every self-
employed person to ensure, so far as it is practicable, the safety, health and welfare at
work of all his employees.
Consultation is needed here to ensure the safety, health and welfare at work of all the
employees by employer. In order for the consultation to take place, the hazard must be
identified first as been explained in Chapter 4. So far as it is practicable used means
practicable having regard to the severity of the risk in question, knowledge about the risk and
ways to remove or reduce it, the availability and suitability of ways as well as costs to remove
or reduce it. Employer must be aware of the hazard or risk in the workplace and two ways
communication must be done between the employer and employee to give a knowledge about
the safety and accident that may occur from the hazards to ensure the employee safety. In
Bioreactor Laboratory, some equipments used for the research such as the laboratory fume
cardboard is used to remove any fumes produced from the chemical substances as been listed
in Table 2, within the box. To ensure the safety of students that use the equipment, the
technician must explain the right way to use the fumes cardboard so that the student do not
exposed to the chemical which can cause harm to the human body.
Employee that has limited knowledge about the effect of the hazard in workplace may
have high probability to be exposed to the hazards. Therefore, every technician shall know
how to identify hazard and ensure all students that doing their research in the laboratory has
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safe working condition. It is really advisable for students to read the safety precaution, rules
and procedure when handling the equipment in the laboratory to prevent any accident that
may affect themselves and other persons in the laboratory. If the students are not sure about
the procedure, they shall consult the technician to guide them and show them the right way of
using it.
Employee must cooperate with his employer when doing any work in a working area
that has hazards. When the employer has set up a safe system of work and the employee
endanger himself through unsafe act, this is considered as non-cooperative. This is same for
student doing their work in the laboratory as they must obey the laboratory rule and not doing
any unsafe act that may endanger themselves which also cause problem for others. They also
must consult to the technician if they find any hazard in the laboratory so that the technician
can act faster following certain procedure to eliminate or mitigate the hazard.
When handling chemical hazardous to health, personal protective equipment such as
goggle, safety shoes or apron are very important as it is used as a control measure to prevent
the hazard. Students that handle the chemical such as hydrochloric acid and sulphuric acid
must wear the protective equipment to ensure their safety. If there is no protective equipment
supply, students must consult the technician to provide the protective equipment to be used
when doing the experiment.
7.3 Who to consult
Consultation is important to be done between employer and employee to provide a safe and
healthy working environment. Employee can talk about the hazards or problem in the
workplace enable the employer to be aware of the hazard and safety issues experienced by
employees. Employees can provide suggestions to solve the health and safety problems. The
participation of employee in determining the hazards and risk in workplace give opportunity
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for them to express their view about the occupational safety and health issues. Employee may
share their opinion based on their experience and knowledge and employer should take value
and take into account about their opinion.
For the employer, they shall identify decisions that have health and safety
implications. Employer also should consider how they can ensure effective and meaningful
consultation. Employer can provide employee with information which enable them to come
to discuss the consultation option.
Employee has their duty to consult their employee about the hazards and safety issues
in workplace. They must be aware of their duty to report the hazard to the employer. Before
that, employee must become familiar on how to identify hazards and the principles for
controlling risk. Employee also should understand about their rights to be consulted about
decisions that may have implication in their health and safety. They should become familiar
with the safety and health organization such as the safety and health committee in the
workplace.
7.3.1 Employer representative
The employer representative which is Dr. Nazli is responsible to the safety and health
in the laboratory. When doing a meeting with the technicians in charged for all
laboratories in Department of Process and Food Engineering, they must discuss and
identified the hazardous conditions or operations in the laboratory and determine safe
procedures and controls which can be implemented in the laboratory. To provide a
safe and healthy environment working condition, consultation is needed to
minimizing potential hazards and provides a safe environment for repairs and
renovations for any damage machines. As a committee member, Dr. Nazli is
responsible to do the laboratory inspection every three months.
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7.3.2 Head of laboratory
The Head of the laboratory which is Dr.-Ing. Mohd. Noriznan Mokhtar has
responsibility for the health and safety of all personnel working in his laboratory. The
head of the laboratory also need to check the laboratory needs and he also needs to
conduct periodic self-inspections of laboratory or facility and maintaining records of
inspections. To provide the personnel under him equipped with the knowledge about
the safety and health when in the laboratory, he need to consult the personnel to go for
training which include information of the location and availability of hazard
information. The head of the laboratory also has to ensure the availability of all
appropriate personal protective equipment (PPE) such as gloves and eye protection
and ensuring the PPE is maintained in working order.
7.3.2 Employee representative (Technician)
All workers in a laboratory should consult with their supervisor regarding protective
equipment appropriate to the individual laboratory. Mr. Shahrul as the employee
representatives and also all the technicians has to ensure that the laboratory is in good
and safe conditions. If there is facility damage in the laboratory such as lamp not
functioning or problem in the air conditioner, Mr. Shahrul will consult the
Development and Asset Management Office to ask for the facility to be repair by
filling in a maintenance form. The maintenance form is shown in the Appendix. In
terms of the first aid kit, if the items in the first aid kit is not enough or has expire, Mr.
Shahrul will consult with the university health centre using certain procedure to
resolve the matter. If Mr. Shahrul wants to make a complaint related to occupational
safety and health, he needs to follow the procedure specified. The procedure is shown
in flowchart below.
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Flow chartStart
Re ort com laint
Receive com laint
Investigate
Pre ared a reliminar re ort
Send re ort to PGH
Should refer to
OHD
Medical examination
Further investi ation
Valid poisoning/
Illness?
Submit re ort to PGH
Provide a detail re ort
Fill JKKP 7
Suggestion new action
Submit and resent re ort
Take corrective and revention action
Monitor action
U date record
Effective?
End
Yes
No
Yes
Yes
No
No
PPS
PGH/Coordinator
Complainer
PGH
Coordinator
OHD
Coordinator
PTJ leader/relevant parties
PGH
OHD/OHN
Coordinator
OHD/OHN/Investigation team
Action by:
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7.4 How to consult
Consultation can be done using few ways such as conducting staff meeting,
suggestion boxes, posters, noticeboards, email, committees, safe operating procedures,
instruction and training, surveys, questionnaires, brainstorming and focus groups.
7.4.1 Health and Safety Committees
A key function of health and safety committees (HSC) is to facilitate cooperation
between employers and employees on health and safety matters. HSC assist the
employer to develop, implement and review measures to protect employees health
and safety at work. In order to review the effectiveness of the measures taken, a
survey or questionnaire can be distributed to the workers to find their response to the
safety measurement which have been implemented in the workplace. Various
activities also can be done by the committee to expose the workers about occupational
safety and health such as training, briefing and safe workplace competition.
7.4.1 Staff meeting
Consultation when doing staff meeting with health and safety representative must
include sharing information with the safety health representative which is Dr. Nazli
and Mr. Shahrul for the Department of Process and Food Engineering. Information
must be made available in a timely way and must be provided in a form that can be
understood by them. Every staffs has the opportunity to express their views about the
safety and health issues and the representatives shall take those views into account. To
provide a safe working environment, staffs can discuss about the safe operating
procedure of the equipment available in the workplace as well as discuss about the
hazards and risk in the workplace.
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Abbreviation
OHD - Occupational Health Doctor
OHN - Occupational Health Nurses
PGH - Director
PPS - Assistant Science Officer
PTJ - Responsibility Centres
Reference
Minister for Education and Industrial Relations, (2011). Work health and safety consultation,
co-operation and co-ordination. Queensland Government Gazette. Accessed Disember 13,
2012 from http://www.deir.qld.gov.au