Resolving Health and Safety Issues. (a) When an occupational health and safety issue arises, the matter should be referred to the Employer’s safety representative or supervisor. The supervisor shall discuss the matter with the person and the elected Employee OHS Representative (if on site) with a view to agreeing on a safe working procedure to minimise and eliminate where possible the risk of injury or disease. (b) Where the supervisor or the OHS Representative reasonably consider there is an immediate risk to the health and safety of any person they must immediately consult, and if the concern remains unresolved, they may, jointly or singularly, direct that work in that particular area, or by that particular method, cease (immediate risk means that there is a degree of danger which is likely to cause injury or disease before the risk can be eliminated). (c) Work in the affected area(s) shall cease and Employees shall be relocated to work in alternative safe areas where work is available in their classification. (d) Employees may be relocated to other job sites where there is safe work available in their classification. (e) Where there is no work available for the particular Employees, they shall remain on site and make themselves readily available for resumption of work without loss of pay. Failure to do so shall negate any claim for payment. Provided that the Employer will not unreasonably require Employees to remain for an unreasonable time period where there is no reasonable prospect of a resumption of work that day. (f) Where work in an affected area has ceased in accordance with this clause, the Employer may require particular Employees to perform rectification work in the affected area, where such rectification work is of the same type as the Employee’s trade including housekeeping in their particular work area. For clarity, this does not include dewatering. Those Employees who remain on site to perform rectification work will be paid overtime rates during the period in which they perform the rectification work. (g) At all times, the elected Employee OHS Representative may seek the assistance of a representative in accordance with the applicable legislation, and the supervisor may also seek advice or assistance. (h) Where the supervisor and the Employee OHS Representative cannot agree on a procedure, either party may call in a WorkSafe Inspector, who may provide advice on the proposed procedure. (i) The supervisor and the Employee OHS Representative shall agree on the best method of rectifying the problem. (j) At all times, Employees must not work in situations where there is a genuine risk to their health and safety. (k) A dispute relating to the subject matter of this clause may be dealt with via the dispute resolution procedure below.
Appears in 25 contracts
Samples: Greenfields Agreement, Enterprise Agreement, Enterprise Agreement
Resolving Health and Safety Issues. (a) When an occupational a health and safety issue arisesissues arise, the matter should be referred to the Employer’s safety representative or supervisor. The supervisor shall discuss the matter with the person and the elected Employee OHS employee Health & Safety Representative (HSR) (if on site) with a view to agreeing on a safe working procedure to minimise and eliminate where possible the risk of injury or disease.
(b) Where the supervisor or the OHS Representative HSR reasonably consider there is an immediate risk to the health and safety of any person they must immediately consult, and if the concern remains unresolved, they may, jointly or singularly, direct that work in that particular area, or by that particular method, cease (immediate risk means that there is a degree of danger which is likely to cause injury or disease before the risk can be eliminated).
(c) Work in the affected area(s) shall cease and Employees employees shall be relocated to work in alternative safe areas where work is available in their classification.
(d) Employees may be relocated to other job sites where there is safe work available in their classification.
(e) Where there is no work available for the particular Employeesemployees, they shall remain on site and make themselves readily available for resumption of work without loss of pay. Failure to do so shall negate any claim for payment. Provided that the Employer will not unreasonably require Employees employees to remain for an unreasonable time period where there is no reasonable prospect of a resumption of work that day.
(f) Where work in an affected area has ceased in accordance with this clause, the Employer may require particular Employees employees to perform rectification work in the affected area, where such rectification work is of the same type as the Employeeemployee’s trade including housekeeping in their particular work area. For clarity, this does not include dewatering. Those Employees employees who remain on site to perform rectification work will be paid overtime rates during the period in which they perform the rectification work.
(g) At all times, the elected Employee OHS Representative employee HSR may seek the assistance of a representative Representative in accordance with the applicable legislation, and the supervisor may also seek advice or assistance.
(h) Where the supervisor and the Employee OHS Representative employee HSR cannot agree on a procedure, either party may call in a WorkSafe Safe work Inspector, who may provide advice on the proposed procedure.
(i) The supervisor and the Employee OHS Representative employee HSR shall agree on the best method of rectifying the problem.
(j) At all times, Employees employees must not work in situations where there is a genuine risk to their health and safety.
(k) A dispute relating to the subject matter of this clause may be dealt with via the dispute resolution procedure below.
Appears in 3 contracts
Samples: Plumbing Enterprise Agreement, Refrigeration Enterprise Agreement, Enterprise Agreement
Resolving Health and Safety Issues. (a) When an occupational health and safety issue arises, the matter should be referred to the Employer’s safety representative or supervisor. The supervisor shall discuss the matter with the person and the elected Employee employee OHS Representative (if on site) with a view to agreeing on a safe working procedure to minimise and eliminate where possible the risk of injury or disease.
(b) Where the supervisor or the OHS Representative reasonably consider there is an immediate risk to the health and safety of any person they must immediately consult, and if the concern remains unresolved, they may, jointly or singularly, direct that work in that particular area, or by that particular method, cease (immediate risk means that there is a degree of danger which is likely to cause injury or disease before the risk can be eliminated).
(c) Work in the affected area(s) shall cease and Employees employees shall be relocated to work in alternative safe areas where work is available in their classification.
(d) Employees may be relocated to other job sites where there is safe work available in their classification.
(e) Where there is no work available for the particular Employeesemployees, they shall remain on site and make themselves readily available for resumption of work without loss of pay. Failure to do so shall negate any claim for payment. Provided that the Employer will not unreasonably require Employees employees to remain for an unreasonable time period where there is no reasonable prospect of a resumption of work that day.
(f) Where work in an affected area has ceased in accordance with this clause, the Employer may require particular Employees employees to perform rectification work in the affected area, where such rectification work is of the same type as the Employeeemployee’s trade including housekeeping in their particular work area. For clarity, this does not include dewatering. Those Employees employees who remain on site to perform rectification work will be paid overtime rates during the period in which they perform the rectification work.
(g) At all times, the elected Employee employee OHS Representative may seek the assistance of a representative in accordance with the applicable legislation, and the supervisor may also seek advice or assistance.
(h) Where the supervisor and the Employee employee OHS Representative cannot agree on a procedure, either party may call in a WorkSafe Inspector, who may provide advice on the proposed procedure.
(i) The supervisor and the Employee employee OHS Representative shall agree on the best method of rectifying the problem.
(j) At all times, Employees employees must not work in situations where there is a genuine risk to their health and safety.
(k) A dispute relating to the subject matter of this clause may be dealt with via the dispute resolution procedure below.
Appears in 2 contracts
Samples: Enterprise Agreement, Enterprise Agreement
Resolving Health and Safety Issues. (a) When an occupational health and safety issue arises, the matter should be referred to the Employer’s safety representative or supervisor. The supervisor shall discuss the matter with the person and the elected Employee employee OHS Representative (if on site) with a view to agreeing on a safe working procedure to minimise and eliminate where possible the risk of injury or disease.
(b) Where the supervisor or the OHS Representative reasonably consider there is an immediate risk to the health and safety of any person they must immediately consult, and if the concern remains unresolved, they may, jointly or singularly, direct that work in that particular area, or by that particular method, cease (immediate risk means that there is a degree of danger which is likely to cause injury or disease before the risk can be eliminated).
(c) Work in the affected area(s) shall cease and Employees employees shall be relocated to work in alternative safe areas where work is available in their classification.
(d) Employees may be relocated to other job sites where there is safe work available in their classification.
(e) Where there is no work available for the particular Employeesemployees, they shall remain on site and make themselves readily available for resumption of work without loss of pay. Failure to do so shall negate any claim for payment. Provided that the Employer will not unreasonably require Employees employees to remain for an unreasonable time period where there is no reasonable prospect of a resumption of work that day.
(f) Where work in an affected area has ceased in accordance with this clause, the Employer may require particular Employees employees to perform rectification work in the affected area, where such rectification work is of the same type as the Employeeemployee’s trade including housekeeping in their particular work area. For clarity, this does not include dewatering. Those Employees employees who remain on site to perform rectification work will be paid overtime rates during the period in which they perform the rectification work.
(g) At all times, the elected Employee employee OHS Representative may seek the assistance of a representative of the Union or a person who is suitably qualified in accordance with the applicable legislationOHS, and the supervisor may also seek advice or assistance.
(h) Where the supervisor and the Employee employee OHS Representative cannot agree on a procedure, either party may call in a WorkSafe Inspector, who may provide advice on the proposed procedure.
(i) The supervisor and the Employee employee OHS Representative shall agree on the best method of rectifying the problem.
(j) At all times, Employees employees must not work in situations where there is a genuine risk to their health and safety.
(k) A dispute relating to the subject matter of this clause may be dealt with via the dispute resolution procedure below.
Appears in 1 contract
Samples: Enterprise Agreement
Resolving Health and Safety Issues. (a) When an occupational health and The parties agree to do all things practicable to maintain the Project sites in a safe condition. If a safety issue arisesproblem has been identified in a particular work area, the matter should work area elected OH&S representative will inspect the area with management representatives and they will determine the appropriate action to be referred to the Employer’s safety representative or supervisor. The supervisor shall discuss the matter with the person and the elected Employee OHS Representative (if on site) with a view to agreeing on a safe working procedure to minimise and eliminate where possible the risk of injury or diseasetaken.
(b) Where Work shall cease only in areas immediately affected where, after consultation between them, the supervisor or the OHS Representative reasonably consider there is employee health and safety representative has a reasonable concern about an immediate imminent risk to the health and safety of any person they must immediately consult, and if the concern remains unresolved, they person. They may, jointly or singularly, direct that work in that particular area, or by that particular method, cease (immediate risk means that there is a degree of danger which is likely to cause injury or disease before the risk can be eliminated).
(c) Work cease. Where work in the affected area(s) shall cease ceases as a result of a reasonable concern about an imminent risk to health and Employees safety and an employee is not engaged in rectification or de-watering work, the employee shall be relocated to work in alternative safe areas where work is available in their classification. An employee must not unreasonably fail to comply with a direction given by TD to perform other available work which is within their classification and that is safe for the employee to perform.
(c) Exercise of powers and responsibilities under this clause shall not be inconsistent with the powers and responsibilities set out in the Occupational Health and Safety Act 2004 (Vic) as in force at the date of this Agreement.
(d) Employees may Work in other areas of the Project shall continue without interruption, and all employees shall remain available on site to carry out work in areas not immediately affected and/or to carry out rectification or de-watering works. Priority will be relocated given to other job sites where there is safe work available in their classificationsafety rectification.
(e) Should a safety dispute arise over whether one or more work areas are safe or not, the following procedure shall apply;
(i) When an employee becomes aware of an unsafe situation, the employee must rectify the situation, if it is within their competence and safe to do so.
(ii) If the employee cannot rectify the situation then they will immediately inform their supervisor who is required to rectify the situation, if it is within their competence and safe to do so.
(iii) Where the situation cannot be rectified, immediate inspection of the affected area(s) will be carried out by TD safety management and the work area OHS Representative.
(iv) As safety rectification work is agreed for each area, all employee shall immediately commence such rectification work;
(v) Upon verification that such rectification work has been completed, normal work will resume progressively in each area;
(vi) Employees shall not leave the Project site unless directed to do so by their Supervisor
(vii) Should any dispute arise as to the rectification work required to any area, the OHS Representative, TD representative or Union Official (if requested by the OHS Representative) may call upon a duly authorised Inspector from WorkSafe Victoria to assist. Where WorkSafe Victoria is called in, the parties agree to be bound by that determination.
(viii) Where there is no work available for the particular Employeesemployees, they shall remain on site and make themselves readily available for resumption of work without loss of pay. Failure to do so shall negate any claim for payment. Provided that the Employer TD will not unreasonably require Employees employees to remain for an unreasonable time period where there is no reasonable prospect of a resumption of work that dayday due to the conditions. Allocation of alternative duties elsewhere on the Project is a resumption of work for the purposes of this clause.
(f) Where work in an affected area has ceased in accordance with this clause, During discussions the Employer may require particular Employees to perform rectification work in employee health and safety representative and/ or the affected area, where such rectification work is of the same type as the Employee’s trade including housekeeping in their particular work area. For clarity, this does not include dewatering. Those Employees who remain on site to perform rectification work will be paid overtime rates during the period in which they perform the rectification work.
(g) At all times, the elected Employee OHS Representative supervisor may seek the assistance of a representative in accordance with the applicable legislation, and the supervisor may also seek advice or assistance.
(h) Where the supervisor and the Employee OHS Representative cannot agree on a procedure, either party may call in a person who is duly accredited by WorkSafe Inspector, who may provide advice on the proposed procedure.
(i) The supervisor and the Employee OHS Representative shall agree on the best method of rectifying the problem.
(j) At all times, Employees must not work in situations where there is a genuine risk to their health and safety.
(k) A dispute relating to the subject matter of this clause may be dealt with via the dispute resolution procedure below.Victoria.
Appears in 1 contract
Samples: Victorian Desalination Project Greenfields Agreement
Resolving Health and Safety Issues. (a) When an occupational health and safety issue arises, the matter should be referred to the Employer’s safety representative or supervisor. The supervisor shall discuss the matter with the person and the elected Employee employee OHS Representative (if on site) with a view to agreeing on a safe working procedure to minimise and eliminate where possible the risk of injury or disease.
(b) Where the supervisor or the OHS Representative reasonably consider there is an immediate risk to the health and safety of any person they must immediately consult, and if the concern remains unresolved, they may, jointly or singularly, direct that work in that particular area, or by that particular method, cease (immediate risk means that there is a degree of danger which is likely to cause injury or disease before the risk can be eliminated).
(c) Work in the affected area(s) shall cease and Employees employees shall be relocated to work in alternative safe areas where work is available in their classification.
(d) Employees may be relocated to other job sites where there is safe work available in their classification.
(e) Where there is no work available for the particular Employeesemployees, they shall remain on site and make themselves readily available for resumption of work without loss of pay. Failure to do so shall negate any claim for payment. Provided that the Employer will not unreasonably require Employees employees to remain for an unreasonable time period where there is no reasonable prospect of a resumption of work that day.
(f) Where work in an affected area has ceased in accordance with this clause, the Employer may require particular Employees employees to perform rectification work in the affected area, where such rectification work is of the same type as the Employee’s trade including housekeeping in their particular work area. For clarity, this does not include dewatering. Those Employees who remain on site to perform rectification work will be paid overtime rates during the period in which they perform the rectification work.the
(g) At all times, the elected Employee employee OHS Representative may seek the assistance of a representative in accordance with the applicable legislation, and the supervisor may also seek advice or assistance.
(h) Where the supervisor and the Employee employee OHS Representative cannot agree on a procedure, either party may call in a WorkSafe Inspector, who may provide advice on the proposed procedure.
(i) The supervisor and the Employee employee OHS Representative shall agree on the best method of rectifying the problem.
(j) At all times, Employees employees must not work in situations where there is a genuine risk to their health and safety.
(k) A dispute relating to the subject matter of this clause may be dealt with via the dispute resolution procedure belowabove.
Appears in 1 contract