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What should you do if a worker claims their
work
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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This is a service that provides direct email access to an experienced employment lawyer whenever you need it.
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Have a great weekend!
Joanna Weekes
Editor
Health & Safety Bulletin
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Health & Safety Bulletin ISSN 1837-6533
Portner Press Pty Ltd
96-98 Bridport Street
Albert Park VIC 3206
Australia
The information in this email is intended solely for the addressee. Access to this email by anyone else is unauthorised. If you are not the intended recipient, please return the message to the sender and delete it from your records. All content is © 2007-2013 Portner Press Pty Ltd All Rights Reserved.
Disclaimer: We research our recommendations and articles thoroughly, but disclaim all liability for any inaccuracies or omissions found in our publications. Click here to view our Privacy Policy and Terms and Conditions.
Queries: For general enquiries, email cs@portnerpress.com.au or call 1300 782 911.
Health & Safety Helpdesk: Paid subscribers to the Health & Safety Handbook can ask our experts for advice.
Syndication: To republish an Health & Safety Bulletin article, please email cs@portnerpress.com.au for information.
Health & Safety Bulletin ISSN 1837-6533
Portner Press Pty Ltd
96-98 Bridport Street
Albert Park VIC 3206
Australia