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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