Hazard and Near Miss
reporting systems and procedures are an essential component of any safety
management system, but were you aware that there are legal requirements
contained in the OSH Act [ (23K.(1)(2) a, b and 20(2)(d)(1) ] which state that:
- employees must report hazards
- employers must investigate the hazard
report within a reasonable time and provide the person reporting the
hazard with feedback.
The maximum penalty
that can be imposed for failing to comply with these sections of the Act is
$25,000 for an employee and $50,000 for the employer. However, I’m not a lawyer
and this is not legal advice but the intention of the legislation would appear
to be that employees are required to report hazards, near misses and
“situations” that “could constitute a hazard” to the employer.
And, having received
a hazard report from an employee, “the employer must, within a reasonable time,
investigate the matter that has been reported” and, “notify the employee of the
determination so made.”
To help you comply
with the requirements I suggest that you consider:
·
formally training your people in their
obligation to report hazards and the penalties for failing to do so
·
actively encourage employees to report
hazards and near misses
·
implement a hazard/near miss reporting system
·
make sure that hazard report forms are
available for anyone to use at any time (e.g. keep a supply of forms in the
lunch room, as well as in the supervisor’s office)
·
when hazard reports are received investigate
and, if necessary, take corrective action
·
involve and provide feedback to the person
submitting the report
As I’ve said
elsewhere, effective hazard and near miss reporting can be used as an early
warning system for things going wrong in your workplace.
Apart from the legal
requirements mentioned above, many accidents can be prevented by taking prompt
action to prevent a hazardous situation from continuing or developing into
something worse. Therefore, use Near
Miss reports as your early warning system - waiting for the injury to happen
before acting just doesn’t make sense.
© Applied Safety & Risk Management www.appliedsafety.com.au
The views expressed in
this article are those of the author who is not a lawyer and is not qualified
to provide legal advice therefore before acting professional legal advice
should be obtained.