Victorian Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY REGULATIONS 2017 - REG 25

    (1)     As soon as reasonably possible after a health or safety issue has been reported, the following persons must meet and try to resolve the issue—

        (a)     the employer or employer representative; and

        (b)     the health and safety representative or any employee nominated under regulation 23(4) or the employees affected by the issue.

    (2)     For the purpose of resolving the health and safety issue as quickly and effectively as possible the parties must take into account—

        (a)     the number and location of employees affected by the issue; and

        (b)     whether appropriate temporary measures are possible or desirable; and

        (c)     the time that may elapse before the issue is permanently resolved; and

        (d)     who, on behalf of the employer, is responsible for performing and overseeing any action agreed necessary to resolve the issue.

Note

Section 20 of the Act sets out the matters that must be considered in ensuring health and safety.

    (3)     If, after the resolution of the health and safety issue, a party involved in the resolution of that issue asks the employer to set out in writing the details of the issue and matters relating to its resolution, the employer must do so, to the satisfaction of all parties.

    (4)     As soon as reasonably possible after the resolution of an issue, the employer must ensure that details of any written or oral agreement between the parties are—

        (a)     brought to the attention of the employees affected by the issue; and

        (b)     sent to any health and safety committee.

    (5)     Any of the parties involved in the resolution may send details of any agreement between the parties referred to in subregulation (4) to any relevant organisation of employees or of employers.

    (6)     An agreement referred to in subregulation (4) must be—

        (a)     in a form that is approved by all parties; and

        (b)     communicated in the manner and in any language that is agreed by the parties to be appropriate.

Note

Part 4 of the Act sets out the duty of the employer to consult with employees, including involving the health and safety representative (if any). See also regulation 21.

Chapter 3—Physical hazards