четверг, 2 октября 2014 г.

Австралия (охрана труда). Что нужно предпринять если работник отказывается выполнять свои обязанности по причине подозрения получения травмы при работе.

Health & Safety Bulletin
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What should you do if a worker claims their 


is unsafe to perform?

Thursday, 2nd October, 2014, by Joanna Weekes
In today's Health & Safety Bulletin:
  • 7 examples of industrial action
  • What should you do if a worker claims their work is unsafe to perform?
Dear Reader,
No matter what industry you operate in, industrial action could become an issue in your workplace.
Industrial action is any action undertaken by workers or employers in relation to employment conditions. This could include wages, hours of work or any other factors that affect a worker.
Workers could also engage in these actions in relation health and safety concerns.

What does industrial action involve?
Industrial action includes the following:
  • strikes;
  • picketing;
  • stop work meetings;
  • workers refusing to perform particular duties or to perform work as directed;
  • workers deliberately performing work slower than usual (called a ‘go-slow’);
  • workers doing only the bare minimum; and
  • employers refusing to allow workers to enter a workplace and perform their work (called a ‘lockout’).
Continued below…
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What should you do if a worker claims their work is unsafe to perform?
A worker who refuses to perform work because of genuine safety concerns cannot be liable for industrial action.
If a worker complains of a safety risk in the work they perform, undertake the following steps:
  • ask the worker to identify the hazard and the risk it poses;
  • control the risk by eliminating the hazard or implementing risk controls; and
  • ensure workers are fully trained in the new work procedures.
If the hazard can’t be controlled, stop the process if possible and consider what alternative safe work you can offer workers.

If a union threatens industrial action in relation to a health and safety concern, notify the union of the steps you have taken and engage them in any dispute resolution processes you take.
If the worker has a health and safety representative or if your workplace has a health and safety committee, they must also be included in the dispute resolution process.
To find out more about your rights in relation to industrial action, refer to chapter I2 Industrial Actionin your Health & Safety Handbook. If you are not yet a subscriber, find out how it can help you here.
Before I go…
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Have a great weekend!
Joanna Weekes
Joanna Weekes
Health & Safety Bulletin

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