Although a worker has the option of taking a personal grievance, does the HSWA allow an HSR to issue a PIN for contravention of the applicable clauses? — Benjamin Basevi
It seems strange if you cannot i.e. you can issue a PIN to an employer for not providing update HSR training but not for action taken to prevent/interfere with a legitimate HSR investigation, which is a way more serious thing. — Benjamin Basevi
Trained HSR (A) is conducting an investigation into a serious health and safety matter for another work group (B) where HSR-A is acting in the capacity of HSR under same PCBU but different workgroup. HSR B is unavailable and they and workers of workgroup B have requested HSR-A to assist resolving a serious H&S matter. — Benjamin Basevi
Officer of the PCBU issues a cease and desist instruction to HSR-A in relation to assisting work group B. — Benjamin Basevi
The processes prior to issue of a PIN have been complied with. HSR PIN training does not cover this situation. — Benjamin Basevi
Continuing this hypothetical situation, HSR-A has submitted a section 99 request to the particular regulator concerned. The regulator is informed of this new development and does not intervene in any way or form. — Benjamin Basevi
Would HSR-A be acting appropriately and in line with the HSWA if a PIN was issued to the PCBU for prohibited adverse conduct? — Benjamin Basevi
Are you meaning investigation of a recent incident, or the workers have raised their concern regarding a serious health and safety matter with HSR(A) as HSR(B) is unavailable?Trained HSR (A) is conducting an investigation into a serious health and safety matter — Benjamin Basevi
How are the workers acting outside the HSWA which will be the relevant legal guidelines? — Benjamin Basevi
In Schedule 2, Part 1, Section 6 the hypothetical situation meets the criteria of 2(a), 3(b)(i) and (ii). — Benjamin Basevi
This appears to cover the situation I have described i.e. an HSR acting in the capacity of another HSR in another workgroup. — Benjamin Basevi
There also a number of "other" valid reasons an HSR may be unavailable e.g. fear of PCBU retribution being one of them. — Benjamin Basevi
what if HSR-A did inform all involved re their representation of work group B, did raise the views of work group B with management, did request that the control measures be reviewed and following all this, was formally directed to stop assisting. — Benjamin Basevi
Please explain what part of this you do not understand. — KeithH
On the basis that HSR(B) is not available to represent the work group then may HSR(A) act in their capacity.HSR-B may accompany and assist HSR-A, or act in the capacity of HSR-A, in the circumstances:
a worker in work group B asks for HSR-A’s assistance, and HSR-B is found, after reasonable inquiry, to be unavailable; or
HSR-B requests that HSR-A perform his or her functions and exercise his or her powers during a period of absence or in other circumstances that will render HSR-B unavailable to the workers of work group B.
(note A & B references have been reversed to match the hypothetical situation above) — HSWA Sch 2 Cl. 6
S69 states a PIN can be issued for any contravention of the Act, but shorthand any section which either has a duty to do something or has a offence attached to it.the Act does not (appear to) state which sections cannot be used for the purposes of a PIN, and therefore can these sections be a reason for a PIN if the HSR considers that this section of the Act is being contravened by a PCBU? — Benjamin Basevi
I am assuming it is in reference to HSWA Sch 2 Cl. 1 further detailing of the HSR functions, which includes "to investigate complaints from workers in the work group regarding health and safety".Please can you define an HSR investigation? as I have never heard of it before.. — Don Ramsay
No problems Benjamin - I hope that the "hypothetical situation" is in fact hypothetical as it does sound like a bit of a tough position.Thank-you very much for your explanation which makes sense — Benjamin Basevi
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