Issue resolution

An ‘issue’ is any concern about health and safety at the workplace that remains unresolved. This could include a difference in opinion on whether something is a potential risk to workers or whether a control measure is adequate.

The following people or groups are known as ‘parties’ in issue resolution:

  • the person conducting a business or undertaking (PCBU), or their representative
  • any other PCBU who is involved in the issue, or their representative
  • where at least one worker in a work group is affected by the issue, their health and safety representative (HSR), or any other representatives, and
  • the worker(s) affected by the issue (if they are not represented by an HSR), or their representative.

Under the Work Health and Safety Act 2011(WHS Act), a representative for a worker means the worker’s HSR, a union representing the worker or any other person the worker authorises to represent them. For an HSR, their representative might be a union official, a specialist or expert in the subject of the issue or any other person that the HSR authorises to represent them. For PCBUs, their representative must not be an HSR and must have an appropriate level of seniority and be competent to act as their representative.

A representative of a party may enter the workplace if they are involved with resolving the issue.

Initial reporting and discussion of a health and safety matter

Where a WHS matter is identified, the people involved should first try to communicate, consult and cooperate with each other to resolve the matter.

The issue resolution process does not need to start if a WHS matter has been resolved during initial discussions and everyone involved has agreed to and is satisfied with the resolution.

However, a WHS matter should progress to the issue resolution process if it is unable to be informally resolved.  The parties involved must make reasonable efforts to achieve a timely, final and effective resolution of the issue in line with the relevant agreed procedure. If there is no agreed procedure, the default procedure (outlined below) applies.

Default procedure 

The Work Health and Safety Regulation 2011(WHS Regulation) outlines the default procedure for issue resolution. Under the default procedure, any party to the issue may commence the procedure by informing the other parties:

  • that there is an issue to be resolved, and
  • the nature and scope of the issue.

As soon as other parties are informed of the issue, all parties must attempt to resolve the issue. They must consider the following:

  • the risk to workers or other persons
  • the number and location of workers and others who are affected by the issue
  • the measures needed to resolve the issue, and
  • who is responsible for implementing the measures.

Once the issue is resolved, if any party to the issue requests it, details of the issue and its resolution must be set out in a written agreement. A copy of the written agreement must be given to:

  • all parties to the issue; and
  • the health and safety committee (if requested).

The WHS Act encourages PCBUs to agree on issue resolution procedures with their workers. The WHS Regulation requires that agreed procedures for issue resolution must:

  • include the default procedure (as a minimum)
  • be written, and
  • be communicated to all affected workers.

If there are no agreed procedures, the default procedure for issue resolution under the WHS Regulation must be followed.

If Issues Cannot be Resolved 

If reasonable efforts have been made to resolve an issue and it remains unresolved, any party can refer the issue to WorkSafe ACT who can appoint an inspector to assist in resolving the issue.

For more information on WorkSafe ACT inspectors, see the Inspectors and workplace issues page. To contact WorkSafe ACT, see the Contact Us - WorkSafe ACT page.

On this page