education.vic.gov.au

Policy last updated

31 January 2024

Scope

  • Schools
  • School councils

Date:
February 2020

Policy

Policy

This policy outlines the health and safety regulatory and internal requirements relating to workplace consultation and communication in schools.

Summary

  • Principals or their delegates must ensure that affected staff and health and safety representatives (HSR), where elected, are consulted with when identifying or assessing hazards or risks or making decisions about matters related to health and safety.
  • Principals or their delegates must establish and regularly review consultation and communication systems to enable fair, transparent and effective consultation with school staff and HSRs (where elected).
  • All school staff are encouraged to contribute to consultation opportunities, engage with health and safety information being shared, and submit views and opinions to their principal or their delegate, or their HSR (where elected).
  • The OHS Consultation and Communication Procedure sets out the practical step-by-step instructions that schools must follow to implement the OHS Consultation and Communication Policy. Principals or their delegates must implement this procedure in consultation with HSRs (where elected), school staff and the health and safety committee.

Details

Consultation is a legal requirement under the Occupational Health and Safety (OHS) Act 2004 (Vic)External Link and is an essential part of managing health and safety. Effective, fair, transparent and timely consultation and communication builds trust and a shared commitment to improving health and safety in the workplace, contributing to positive workplace culture.

Principals or their delegates must ensure that affected staff and health and safety representatives (HSR), where elected, are consulted with in the following circumstances:

  • when identifying or assessing hazards or risks to health and safety in the workplace
  • when making decisions about the measures to be taken to control risks to health and safety in the workplace
  • when making decisions about the adequacy of facilities for the welfare of employees
  • when making decisions about the procedures for any of the following:
    • resolving health and safety issues
    • consultation about health and safety
    • monitoring health and safety within the workplace
    • providing information and training to employees.

Roles and responsibilities in managing health and safety consultation and communication

Under the OHS Act 2004 (Vic), managing the risks related to OHS consultation and communication is a shared responsibility between the department, the principal or their delegate, HSRs (where elected) and school staff.

Department roles and responsibilities

The department, so far as is reasonably practicable, must:

  • consult with employees or their representatives prior to making decisions that relate to or are likely to affect their health and safety (such as department-wide policies)
  • provide expert advice and support to schools about this consultation and communication policy and include compliance with this policy in the OHS Assurance Program.

Principal or delegate roles and responsibilities

The principal or their delegate must:

  • consult with employees and HSRs (where elected) to determine consultation and communication strategies appropriate for the school, including to ensure all health and safety information is suitably communicated
  • implement a system which enables fair, transparent and effective consultation with employees and HSRs (where elected) on matters that affect health and safety, including the identification of hazards and any decisions made as a result of the consultation process
  • allow HSRs to have access to information that the principal or their delegate has relating to actual or potential hazards or incidents at the school (principal or delegate can only share medical information about an employee with that employee’s consent, or where the employee’s identity cannot be reasonably ascertained).

Health and safety representative roles and responsibilities

All health and safety representatives (HSRs) are to:

  • bring health and safety issues raised by employees within their designated work group (DWG) (school) to the attention of the school leadership team or health and safety committee (where established)
  • follow the agreed school issue resolution process when a health and safety concern or issue is raised or identified
  • attend health and safety committee meetings, where established.

School staff roles and responsibilities

All school staff:

  • are encouraged to contribute to consultation opportunities, engage with health and safety information being shared, and submit views and opinions
  • must bring health and safety issues or concerns to the principal, their delegate or the HSR (where elected)
  • follow the agreed issue resolution process when a health and safety issue or concern is raised or identified.

Safety is a shared responsibility, and everyone has a role to play.

The department and principals/delegates must also ensure that adverse action or discriminatory conduct is not engaged in or taken against employees because of their current or former status as HSRs or members of a health and safety committee or powers exercised in those roles, or because of any actions they might have undertaken, such as providing information or raising an issue or concern about health and safety with an HSR or a member of a health and safety committee.

Key requirements to enable consultation and communication in schools

The OHS Consultation and Communication Procedure (in the Procedure tab) outlines detailed requirements that schools must follow to provide evidence of effective consultation and communication processes and maintain a healthy and safe workplace.

The principal or their delegate must complete the following tasks:

  • following consultation, establish consultation and communication systems, including as a minimum:
  • allow staff members within a DWG (the school/campus) to determine how a HSR election is to be carried out
  • communicate the availability of information, instruction and training that relates to occupational health and safety
  • establish an agreed school issue resolution process for all school employees
  • maintain and store consultation and communication records as required.

Department supports for schools

Central and regional offices provide a range of supports and services to assist principals and employees to be safe and well. These include access to the OHS Advisory Service and regional OHS support officers who can provide free advice on powers of HSRs, functions of health and safety committees and effective health and safety consultation and communication measures.

Consultation
Consultation involves sharing information with employees about health and safety matters that affect their work in a meaningful and transparent way. Consultation must occur either through HSRs as the employee representative, or, where HSRs have not been elected, with the affected employees directly. Employees must be given notice of the subject being consulted upon and a reasonable time to consider the information shared. Employees must be given a reasonable opportunity to express views about the matter and have those views considered. Feedback received is taken into account before a final decision is made.

Deputy health and safety representative (DHSR)
A DHSR is an elected employee responsible for representing employees within a designated work group on matters relating to workplace health and safety in the absence of the HSR.

Designated work group (DWG)
A DWG is a group of employees in the workplace who share similar workplace health and safety concerns and conditions. Each school or school campus will be a DWG unless other arrangements are established in accordance with the Act, as the structure of the DWG may be altered to suit the school environment.

Health and safety committee
A cooperative forum established by employers in consultation with employees to work together on OHS issues. The Act formalises the governance of health and safety committees. A health and safety committee must be established if requested by HSRs and are a way for employers and employees to meet regularly and work co-operatively. Employees are entitled to be represented in health and safety issues at the workplace.

Health and safety representative (HSR)
An HSR is an employee who has been elected by the members of their DWG to represent them, providing a way for their views and concerns about health and safety to be heard by their employer. They have powers under the Act to deal with health and safety issues within a DWGExternal Link . Where HSRs are elected, they must be included in the consultation process.

Relevant legislation


Procedure

OHS Consultation and Communication Procedure

This OHS Consultation and Communication Procedure sets out the practical step-by-step instructions that schools must follow to implement the OHS Consultation and Communication Policy. This procedure must be implemented in consultation with the health and safety representative/s, school staff and the health and safety committee.

It contains the following steps:

  1. Preparing and planning for health and safety consultation and communication
  2. Designated work groups and health and safety representatives
  3. Consulting with school staff and health and safety representatives
  4. Resolving issues and reviewing consultation arrangements
  5. Record keeping

1. Preparing and planning for health and safety consultation and communication

1. Preparing and planning for health and safety consultation and communication

Preparing and planning for consultation and communication is essential. It ensures employees are appropriately consulted on workplace issues and are provided the opportunity to contribute to health and safety decisions.

All employers and their local management representatives (the department and school principals) have a duty under the Occupational Health and Safety Act 2004 (Vic)External Link to consult with employees on workplace health and safety matters. This could be when a change is proposed in the workplace that will influence the health or safety of employees, or when new hazards or risks are identified for an existing or proposed task or activity.

Actions for principals or delegates

It is important that the principal or their delegate consider ways in which they can use data they have access to, such as eduSafe Plus reports, OHS Assurance Program results, workplace inspection results, and School Staff Survey results, to assist with discussions regarding the identification of health and safety risks within the school environment. For further information on what can be provided to a health and safety representative (HSR) for consultation purposes, refer to Designated work groups and health and safety representatives and Consulting with school staff and HSRs in this procedure.

To ensure effective systems are in place so that all school staff, including HSRs (where elected) are consulted and communicated with when health and safety decisions are made, the principal or their delegate must:

  • establish a forum where OHS is discussed and minuted as well as being held on a regular basis (for example, staff meetings with a regular agenda item, a health and safety committee, OHS working group) – refer to ‘Establishing health and safety consultation and communication forums’ below for more information
  • establish at least one OHS noticeboard that is visible to all staff within the school. It must contain the mandatory items, as per the OHS Noticeboard guidance below.

1.1 Establishing health and safety consultation and communication forums

A principal or their delegate must ensure that forums or communication channels where health and safety matters are discussed are established. These channels assist with improving communication between school leaders and staff.

Schools are required to have an OHS noticeboard in place, which all staff are aware of. Updated OHS information must be displayed on the noticeboard, visible to all staff within the workplace. This can either be a physical board located within the workplace, or a virtual/online noticeboard which all staff can access quickly and easily.

At a minimum, the noticeboard must contain the following items:

A one-page OHS noticeboard guide (DOCX)External Link is available which provides a visual representation of these items.

Other consultation and communication processes must be established to fit the size and complexity of the school. In consultation with staff, schools must identify which is most appropriate for the school setting. The chosen forum does not have to be large, but it must suit the needs of your workplace and should represent all the different types of roles performed by staff at the workplace. Health and safety communications must occur on a regular basis, as agreed to through consultation with school staff.

Appropriate consultation and communication channels may include the following.

Health and safety committee

A health and safety committee is a formal structure where employers and employees discuss and make decisions on health and safety matters. If requested by the HSR, the principal or their delegate must establish the committee within 3 months of the request.

When establishing the health and safety committee the following will apply:

  • the HSR who requested the committee (if relevant), must attend as a committee member
  • the committee must consist of at least 51% employees to 49% management staff
  • the committee must meet every 3 months as a minimum with the meeting scheduled in the OHS Activities Calendar or alternative document, or every time 50% or more members request a meeting be held
  • the committee consists of an elected chairperson and secretary
  • minutes must be recorded and provided to all staff (for example, posted on the OHS noticeboard or emailed) – refer to the HSC meeting minutes template (DOCX)External Link (staff login required)
  • the committee must have a Terms of Reference outlining the committee’s commitment to safety and its assigned responsibilities – refer to the HSC meeting terms of reference template (DOCX)External Link (staff login required).

For more detailed information, refer to WorkSafe’s Health and Safety Committee GuideExternal Link .

OHS working group

An OHS working group is a less formal meeting of employee and management representatives that discuss and make decisions on health and safety matters. OHS working groups can be established as an additional consultation forum and cannot function as a substitute for a health and safety committee if a request for one to be established is made by an HSR.

An OHS working group:

  • can be made up of any ratio of management to employees
  • can be established to address specific health and safety matters
  • does not require a minimum number of meetings per year (although it is recommended that they meet at least once a term)
  • does not require assigned roles unless decided by the working group
  • is not required to maintain minutes although maintaining minutes is recommended – alternatively, information regarding decisions made can be communicated through staff meetings, where they will be minuted and displayed on the OHS noticeboard
  • does not require a Terms of Reference.

Resignation from the OHS working group can be verbal.

Staff meetings

Staff meetings can be a forum where health and safety is discussed as a standing agenda item with all staff. These meetings are an effective way of bringing together employees so they can share their health and safety experience. They also provide a regular forum to address ongoing and emerging concerns, collaborate on safety management and hazard minimisation.

Email updates

Email updates are emails sent to all employees that contains health and safety information. This system can be sent on a scheduled basis or as required.

Newsletters

Newsletters include printed or electronic newsletters available to all employees that contain health and safety information. These can be sent on a scheduled basis or as required.

Intranet

A dedicated health and safety section of an intranet can be used. This section could contain health and safety updates, documents, calendars and links to department resources. It must be accessible to all staff.


2. Designated work groups and health and safety representatives

2. Designated work groups and health and safety representatives

2.1 Designated work groups

Designated work groups (DWG) are an important part of health and safety representation in the workplace. As they usually share similar workplace health and safety concerns and conditions, the default position is that each school or campus is established as a DWG. However, the structure of the DWG is ultimately to be determined through negotiation between the school and the school staff to suit a school’s environment.

Refer to WorkSafe Victoria’s website for more information regarding altering and establishing designated work groupsExternal Link .

2.2 Health and safety representatives

The Occupational Health and Safety Act 2004 (Vic)External Link (OHS Act) enables an elected health and safety representative (HSR) to raise issues to management that require resolution and provides them with a mechanism to take unresolved issues further, if necessary. For more information about the establishment of issue resolution processes, refer to Resolving issues and reviewing consultation arrangements.

HSRs represent members in their DWG (their school) and can effectively facilitate consultation between DWG members (all school staff) and the principal or their delegate. To support this, school staff can raise health and safety concerns with the HSR, prior to consultation with the principal and/or other members of the DWG.

For further information on HSRs, refer to the Resources tab.

Electing HSRs

Elections for HSRs can be called to encourage representation for a DWG or if an election is requested by a staff member. Elections for HSRs and deputy health and safety representatives (DHSR) must also occur:

  • after a change to a DWG, such as a change to groupings of staff or a new campus
  • when a HSR or DHSR ceases to hold office (for example, leaving the school or resigning from the position)
  • when the term of office expires (3 years is the standard term of office)
  • when there is more than one candidate for each HSR or DHSR vacancy.

In consultation with school staff, the principal or their delegate may assist with determining the process for school staff to nominate themselves for consideration for a HSR or DHSR position (for example, verbal, written, and so on).

All members of a designated working group (DWG) are entitled to nominate themselves (provided they have not been disqualified from acting as a representative previously) and to vote. When electing HSRs, DWG members should consider whether the nominated person/s could face conflicts of interest when taking up the role of a HSR (for example, school management staff).

Refer to the HSR nomination form template (DOCX)External Link (staff login required).

The workplace is to display, distribute or communicate this process at least 2 weeks prior to calling for nominations. For more information, refer to the HSR election process flowchart (DOCX)External Link (staff login required).

No HSR nominations

If no nominations for HSRs are received, the principal or their delegate must:

  • record that no nominations were received
  • communicate to all school staff that no nominations were received
  • schedule another call for nominations in 12 months, or within an agreed timeframe.

In the absence of a HSR, the principal or their delegate will need to ensure that:

  • information about alternative avenues of support is provided to all school staff (for example, WorkSafe, Employee Assistance Program, OHS Advisory Service and so on)
  • school staff are fully aware of the workplace agreed OHS issue resolution flowchart and processes
  • internal communication processes are in place, and utilised, in relation to the ongoing identification and management of hazards and risks and their associated controls.

WorkSafe provides a range of useful documents regarding HSRs, including their powers under the OHS Act, and provisional improvement notices. Refer to the Resources tab.

The principal or their delegate will need to ensure that a HSR or DHSR, once elected, must be given the opportunity to:

  • if requested, participate in health and safety training relevant to their role and as per their entitlements under the OHS Act, including:
    • attending the optional WorkSafe approved 5-day HSR training event and subsequent annual HSR refresher training
    • attending any other training relating to health and safety that is approved or conducted by WorkSafe
    • receiving paid time off to attend the training, and the cost of the training must be covered by the school. Training providers can be located within the Health and Safety Training and Short Course Guide (DOCX)External Link
  • request the establishment of a health and safety committee, and this request must be actioned by the principal or their delegate within 3 months
  • be involved in the workplace inspection process and the management of identified hazards and incidents
  • represent their DWG in local health and safety communication and consultation processes
  • be present at meetings concerning OHS matters between DWG members and employer or inspector, if the member consents
  • assist in complying with the requirements of OHS legal notices (for example, provisional improvement notices, improvement notices and prohibition notices)
  • accompany a WorkSafe inspector during a workplace inspection where a member of their DWG (the school) works
  • take paid time off work as necessary to exercise their powers, or as prescribed by the regulations.

HSR access to occupational health and safety information

When there are decisions being made that impact occupational health and safety (for example, responding to eduSafe incidents), principals or their delegates must ensure that affected staff or health and safety representatives (HSR), where elected, are consulted with and given a reasonable opportunity to express their views prior to decisions being finalised.

Requirements

The principal or their delegate must allow HSRs to have access to information that the employer has relating to actual or potential hazards in the workplace, and the occupational health and safety of members of the DWG (school staff) that the HSR represents. This includes those instances where students or employees are the hazard (they engage in hazardous conduct) and where teachers are affected by hazardous actions. This information may be provided to the HSR in a written form, such as that contained in eduSafe Plus reports, and as soon as reasonably practicable.

The below steps are to guide principals or their delegates on how to appropriately screen information, seek consent where required, and allow access to the information.

  • Step 1 – Screen information
  • Step 2 – Seek consent about sharing any medical information
  • Step 3 – Allow access
Step 1 – Screen information

Information that falls into either of the following categories must not be shared with HSRs:

  • Category 1: any information that is unrelated to actual or potential hazards and health and safety of the DWG or the broader occupational health and safety matters on which consultation is required with employees (including an HSR). Information regarding matters unrelated to occupational health and safety is not required to be shared under the OHS Act, and if it is disclosed it may breach privacy principles if it includes personal or sensitive information.
  • Category 2: medical information*, unless consent is obtained from persons to whom the information relates, or the information does not identify the person and the person’s identity cannot reasonably be ascertained.

This above applies whether the school staff member is the reporting person, affected person, witness or causal party in relation to a hazard or incident.

*‘Medical information’ is not defined in the OHS Act. It includes information recorded in documents from medical practitioners. It may also include information in documents created by registered health practitioners, such as nurses or psychologists, which has been acquired by a medical practitioner in attending a patient and necessary to enable the medical practitioner to prescribe or act for the patient. Alternatively, it may be information that an employee has shared with the school about their medical status. The following may sensibly be redacted as 'medical information' which cannot be shared unless consent is obtained or the person’s identity cannot be reasonably ascertained:

  • information provided by, or obtained from, a medical practitioner about a person's medical history (for example, a history of depression or anxiety)
  • descriptions of treatment received by a person in a hospital or from a health practitioner
  • descriptions of diagnoses made (or reasonably assumed to have been made) by a medical or other health practitioner
  • any information about medications taken by a person.

Medical information about people who are not members of staff – for example, students, must be disclosed where it relates to actual or potential hazards in the workplace and the health and safety of members of the DWG that the HSR represents.

Example of information screening:

If a staff member falls and sustains an injury, the HSR may request to view the incident report, which includes information that the injured employee has a pre-existing medical condition. In this case, details of the pre-existing medical condition must not be shared with the HSR without the employee’s consent. If the employee does not consent to sharing this information, the employer must redact any information relating to the pre-existing medical condition prior to sharing the incident report with the HSR and may only share the information if the identity of the employee is not reasonably identifiable.

For support in completing this screening process, contact Legal Services legal.services@education.vic.gov.au

The Privacy Team can provide advice and support about the handling of personal information at privacy@education.vic.gov.au

Step 2: Seek consent where required and share information

A principal or their delegate must follow these steps when sharing information with HSRs:

  • When information that relates to actual or potential OHS hazards is first obtained (for example when the principal receives notification of an eduSafe Plus report), the principal or their delegate must take reasonable steps to contact the reporting/affected person prior to sharing the information with the HSR, per their obligations.
  • Medical information about the reporting/affected person must not be shared unless the person has been given an opportunity to provide their consent. The person should be offered the option to provide their consent at this stage. Where consent cannot be obtained, medical information can be shared only in a form that does not identify the staff member, or from which the staff member’s identity cannot reasonably be ascertained.
  • Where possible, consent should be obtained in writing. Where consent is provided verbally, a proper written record should be created and retained to reflect the date and scope of the consent.
  • Seeking consent can also be an opportunity to remind the person that you will be sharing health and safety information with the HSR. It should be made clear that the person’s medical information does not have to be disclosed and that they are under no obligation to provide consent.
Step 3: Allow access

Allowing access means providing the HSR with access to the information as soon as reasonably practicable.

Information must be provided to the HSR unredacted, even if it contains personal information about other people (including students), subject to the medical information exemption. This may include personal information about a person’s identity, information about the incident and the hazardous conduct they engaged in.

Access may be achieved through:

  • providing the HSR with a copy of the occupational health and safety information
  • providing a reasonable opportunity for the HSR to inspect a document
  • the making of arrangements for the HSR to hear or view relevant sounds or visual images stored on a visual or audio medium
  • providing the HSR with a written transcript of conversation notes
  • using the eduSafe Plus system:
    • Dashboards: Reports can be downloaded from the eduSafe Plus dashboard and shared with the relevant staff members (for example, incident list for health and safety committee or HSR meetings). Refer to the How to download and share lists guideExternal Link for more information. Alternatively, use ‘print screen’ to share the dashboard view. If there is no consent to share Category 1 or 2 information, the principal must apply redactions to this information.
    • Print function: Individual incident/hazard reports can also be printed using the print function on eduSafe plus (please print securely). This enables a hard copy to be redacted for any relevant medical/health information (see above). If there is no consent to share Category 1 or 2 information, the principal must apply redactions to this information.
    • Invite function: A principal can ‘invite’ a HSR to see individual incident/hazard reports using the invite button directly on the incident report in eduSafe Plus. This function must only be used where medical information has not been disclosed as part of the report, or where consent has been obtained from the employee for the sharing of their medical information disclosed in the report (see steps 1 and 2).
    • Where medical information has been disclosed in the eduSafe Plus report and consent has not been obtained, the invite function must not be used. In this situation, information may be shared with the HSR via other methods mentioned above, both of which require the redaction of medical information. If you are uncertain whether the report contains medical information, about which employee consent must be obtained, please seek advice from the department’s legal team (details above) prior to inviting the HSR to view the report. Once an eduSafe Plus report has been made it should never be edited to include an employee’s medical information unless the employee has consented to that medical information being shared with the HSR.

Although there is no requirement for information to be shared using a specific format, where possible it is recommended that there be an agreement between HSRs and principals or their delegates on what format should be used for this purpose. However, where agreement cannot be reached the principal may determine the most appropriate means of sharing information.


3. Consulting with school staff and health and safety representatives

3. Consulting with school staff and health and safety representatives

So far as reasonably practicable, principals or their delegates must consult with affected school staff and HSRs (where elected) on health and safety matters. Communicating on health and safety can build co-operation and trust between employees and the school leadership team and empower all involved.

The principal or their delegate must consult with school staff and HSRs (where elected) when:

  • identifying or assessing hazards or risks and making decisions on how to control them (for example, using workplace safety inspections, school staff survey results or eduSafe Plus data)
  • proposing to make decisions about employee wellbeing facilities such as dining facilities, change rooms, toilets or first aid
  • proposing to make a decision on procedures to:
    • resolve health and safety issues
    • consult with school staff on health and safety
    • monitor workers' health and workplace conditions
    • provide information and training
  • determining the membership of any health and safety committee in the workplace
  • proposing changes that may affect workers' health and safety (such as changes to the workplace, plant, substances or other things used in the workplace, or the work performed at the workplace).

4. Resolving issues and reviewing consultation arrangements

4. Resolving issues and reviewing consultation arrangements

4.1 Implementing the OHS issue resolution flowchart

The OHS issue resolution flowchart (DOCX)External Link is in place to assist schools in dealing with OHS issues that arise in the workplace. It provides a process which guides staff to reach a timely resolution on matters that arise.

The principal or their delegate must ensure that the OHS issue resolution flowchart (or an agreed equivalent) is communicated to all school staff and displayed prominently in the school, via the OHS noticeboard or, for example, on the schools’ intranet page.

4.2 Reviewing consultation and communication arrangements

The principal or their delegate must monitor and review the consultation and communication arrangements on a regular basis to ensure they continue to be effective.

The principal or their delegate must ensure that:

  • elections for health and safety representatives (HSRs) and deputy health and safety representatives (DHSRs) are conducted after the position has been held for 3 years (standard term of office) or when a position is vacated
  • nominations and elections for HSRs and DHSRs are called every 12 months (if the HSR position is vacant) and recorded for record keeping purposes
  • health and safety committee actions are delegated to responsible persons for management and implementation within the agreed timeframes
  • consultation and communication arrangements are reviewed every 3 years or as required.

5. Record keeping

5. Record keeping

Documents related to this policy must be managed and retained as per the Records Management – School Records Policy. The principal and/or their delegate must ensure the following records (electronic or hard copy) are kept and maintained in relation to OHS consultation and communication:

  • staff meeting minutes
  • health and safety committee or working group meeting minutes and documents
  • documents calling for elections of health and safety representatives (HSRs)
  • nomination forms and election emails (where relevant) for HSRs and deputy health and safety representatives (DHSRs)
  • HSR/DHSR training records
  • requests to establish a health and safety committee
  • information shared with HSRs (refer to Designated work groups and health and safety representatives)
  • employee feedback from engaging in consultation.

Resources

Resources

WorkSafe guidance

Templates and forms


Reviewed 17 March 2020