Prioritizing and developing strategies to resolve OHS issues

At the outset it is important to point out that proper attention to management of, and consultation in OHS will avoid many OHS problems becoming issues. Many people believe it is important to distinguish OHS issues from industrial relations, but in reality they do interact because working conditions are a legitimate part of industrial relations. A number of factors come into play in relation to resolving occupational health and safety issues. These inelude  

It is important to balance issues involving the immediate risk of plysical injury against those which rrr affect health, even if not in the immediate future. For example, scaffolding without a kickboard versus rrse of a solvent which damages the liver over time. 

There are really two parts to this process. The first involves ensuring that a suitable procedure for issues resolution is decided by consultation in the workplace before the need for it arises. The second is to utilize suitable problem-solving, conflict resolution and negotiating techniques when an issue does arise. One of the keys to most successful negotiation is to agree on the process for negotiation first, which really goes back to the first point. More information on this can be found later in this chapter. 

Some Robens-based OHS legislation provides a process for issue resolution where a workplace has not agreed on its own process. This is often presented in the form of a flowchart. The usual advice to employees if they have an OHS problem is to raise it with their supervisor in the first instance. Where an atmosphere of tmst prevails this is good advice. However, if the employee feels that raising an issue may result in discrimination, the employee may rightly prefer to go through the health and safety representative, or a union. The health and safety representative or a union may resolve the issue with management or it may be dealt with by the health and safety committee. If it cannot be resolved, an OHS inspector may be asked for a determination and issue a notice. Further review by heads of OHS authorities, or courts varies with the particular jurisdiction. In New Zealand, for example, the District Court resolves disputed notices. 

Major issues affecting maity stakeholders m be resolved by the tripartite body set up in Robens-based legislation. In those jurisdictions with PINs or default notices, resolution proceeds further automatically because an inspector m be required to confirm or disallow the notice. 

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