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Disputes may arise in the workplace between health and safety representatives, employees and management. Every employer has a duty of care to each employee to “ensure so far as is reasonably practicable that the employee is, while at work, safe from injury and risks to health”. There may be disputes as to determining what is reasonably practicable, what employers must take into account to assess the severity of the risk, the level of knowledge about the hazard and ways to remove or reduce it, the availability and suitability of ways to remove or reduce the hazard, and the cost of taking action. An experienced Employment Lawyer could be immensely useful in if you are involved in a Workplace Health & Safety Dispute.

There may be disagreements between employees, management and health and safety representatives in regards to what constitutes safe systems of work, whether machinery, equipment, appliances, implements, tools and substances  have been maintained in safe conditions, adequate facilities have been provided, proper monitoring, training and supervision has been provided, adequate recording and reporting of injuries/accidents have taken place, whether adequate information has been provided such as procedures for complaints or enquiries, proper instruction provided for any new work or changes in the workplace and whether any accommodation, eating, recreational or other facility provided for the benefit of employees while at work, or in connection with the performance of work, is maintained in a safe and healthy condition.

There may also be disputes arising from allegations or complaints that employees are not following health and safety procedures and rules within the work place.  This includes not using proper equipment or safety mechanisms to protect health and safety, not following reasonable instructions by the employer, not abiding by workplace safety policies or rules, and being affected by drugs or alcohol and endangering their own and other persons health and safety at the workplace.  Proper legal advice in this area of law may be necessary to ensure that you thoroughly understand the process and procedure in Workplace Health & Safety Disputes.

Disputes may be discussed and resolved at a health and safety committee (if established by an organisation).  Consultations may take place if a Health and Safety Representative believes that the Act or regulations have been breached. Consultation involves the HSR informing the employer of the issue (either verbally or in writing) and providing information about why he/she believes there is a problem. There should be the opportunity for both parties to consider and discuss the issues, to listen to each other’s views and to take these into account in deciding on further action.

If you seek further assistance or legal advice with Workplace Health & Safety Disputes, please make an appointment to see one of our employment solicitors. Please contact us on (02) 9233 4048 or send an email to info@navado.com.au.

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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