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Issue Resolution Procedures

Resolving WHS Issues at the Workplace​

When workers and PCBUs disagree about a WHS matter, issue resolution procedures provide a systematic process to resolve the dispute.

[!important] WHS Act s.80-82 Issue resolution procedures apply when agreement cannot be reached on WHS matter through consultation.

Default Issue Resolution Procedure​

WHS Regulations set out default procedure (unless agreed procedures developed).

Step 1: Discussion Between Parties​

Parties involved:

  • Worker(s) raising issue
  • PCBU representative (supervisor, manager)
  • HSR (if worker represented by one)

Process:

  • Discuss the issue
  • Share information and views
  • Attempt to reach agreement on:
    • Nature of issue
    • Control measures needed
    • Actions to be taken

Timeframe: Reasonable time for discussion (depends on urgency and complexity)

Step 2: Escalation if Unresolved​

If Step 1 doesn't resolve issue:

  • Escalate to senior PCBU representative (senior manager, director)
  • Further discussion
  • Attempt to reach agreement

Step 3: Request Inspector Assistance​

If Step 2 doesn't resolve issue:

Either party can request WorkSafe inspector to attend:

  • Worker, HSR, or PCBU can request
  • Request to SafeWork NSW: 13 10 50

Inspector actions:

  • Attends workplace
  • Investigates issue
  • Discusses with parties
  • May:
    • Issue improvement notice
    • Issue prohibition notice
    • Provide advice
    • Take other action as appropriate

Inspector's decision/notice is binding.

Agreed Issue Resolution Procedures​

PCBU and workers may agree on different procedures (but must be consistent with WHS Act).

Agreed procedures must:

  • Be developed in consultation with workers and HSRs
  • Be in writing
  • Be readily accessible to workers
  • Allow workers to be represented by HSR
  • Provide for escalation if not resolved at first level

Benefits of agreed procedures:

  • Tailored to workplace
  • Clear expectations
  • May include additional steps (e.g., WHS committee involvement)

Worker Rights During Issue Resolution​

Right to Cease Work​

Worker may cease work if reasonable concern about serious risk from immediate or imminent hazard.

During issue resolution:

  • Worker not required to perform disputed work
  • Worker entitled to be paid
  • PCBU may direct to perform alternative safe work

See: Right to Refuse Unsafe Work

HSR Powers During Issue Resolution​

HSR may issue direction to cease work if reasonable belief work involves serious risk from immediate/imminent hazard.

Direction:

  • Must be in writing (or confirmed in writing ASAP)
  • Workers must comply
  • PCBU must not direct resumption until:
    • Matter resolved, OR
    • Inspector authorizes resumption

See: HSR Powers

Practical Example - Scaffolding Dispute​

Issue: Workers believe scaffolding unsafe (missing bracing). Supervisor believes safe for use.

Step 1 - Discussion:

  • Workers, HSR, supervisor inspect scaffolding together
  • Supervisor: "Bracing on different level, design allows this"
  • HSR: "Workers not confident, appears unstable"
  • No agreement reached

Step 2 - Escalation:

  • Site manager called
  • Reviews scaffolding design drawings
  • Uncertainty remains about whether bracing adequate

Step 3 - Inspector Requested:

  • HSR requests inspector (13 10 50)
  • Inspector attends next day
  • Inspector inspects scaffolding and reviews design
  • Inspector determines bracing inadequate for configuration
  • Inspector issues improvement notice: "Install additional bracing as per AS 1576 within 48 hours"

Resolution:

  • Bracing installed as per notice
  • Workers, HSR, supervisor inspect
  • Agreement: Now compliant and safe
  • Work resumes

Outcome: Issue resolved through structured process. Inspector's technical expertise resolved uncertainty.