WHS issue resolution

Where a work health and safety issue or concern is raised all parties must meet or communicate with each other to help resolve it, considering the:

  • immediacy of the risk,
  • number and location of workers affected, and
  • resolution measures, either temporary and/or permanent, that must be implemented and who will be responsible.

Every workplace should have procedures in place to deal with issues identified or raised to help achieve their timely and effective resolution.

If there is not a determined procedure in place at the workplace, the default procedure set out in the Work Health and Safety Regulations 2012 (SA) (section 23) should be followed.

Resolved issues

If an issue is resolved, details of the issue and the resolution must be set out in a written agreement, if any party to the issue asks for it. If an agreement is prepared:

  • all parties must be satisfied that it accurately reflects the resolution
  • it must be provided to everyone involved and, if requested, and if one exists, to the Health and Safety Committee at the workplace.

Unresolved issues

Where issues are unable to be resolved, despite reasonable efforts by all parties, any party to the issue should ask SafeWork SA to appoint an Inspector to help resolve the issue by submitting an Issue resolution dispute form (below) or calling our Help Centre on 1300 365 255.

Issue resolution dispute form

A request for an inspector’s involvement does not prevent a worker from ceasing unsafe work, or trained Health and Safety Representatives from either directing the cessation of work or issuing a provisional improvement notice (PIN).

If a dispute remains unresolved at least 24 hours after any of the parties to the dispute has asked the regulator to appoint an inspector to assist in resolving the dispute, a party to the dispute may give the South Australian Employment Tribunal (SAET) written notice of the dispute by lodging an A54 application form.

Unresolved Dispute

Once an application has been submitted to SAET to assist in resolving the dispute, SAET may deal with the dispute in the manner it deems fit for the prompt settlement of the dispute, including:

  • by means of mediation, conciliation or arbitration; or
  • by making a recommendation or expressing an opinion; or
  • if there are reasonable grounds to believe that an offence has been committed under this Act, by referring a matter to the regulator for potential investigation.

If SAET deals with the dispute by arbitration, SAET may make any order it considers appropriate for the prompt settlement of the dispute.

SAET may decide not to deal with a dispute about a WHS matter if—

  • notice of the dispute was not given in accordance with section 102B; or
  • SAET considers the WHS matter the subject of the dispute is frivolous, vexatious, misconceived or lacking in substance.

This does not limit the grounds on which SAET may decide not to deal with the dispute.

SAET may make a decision on its own initiative.

A party to a dispute notified to SAET must bear the party's own costs in relation to the dispute. However, SAET may order a party (the first party) to pay costs incurred by another party in relation to the dispute if SAET is satisfied—

  • the WHS matter the subject of the dispute is frivolous, vexatious, misconceived or lacking in substance; and
  • the first party notified the dispute to SAET or has otherwise acted without reasonable cause in relation to the dispute.

If SAET orders the payment of costs, the amount ordered may be recovered in a court as a debt.

If the dispute is urgent the applicant should lodge the application with SAET on their forms page and telephone the Registry on 8177 3500.

Resolution procedures

Agreed issue resolution procedures should:

The parties involved in resolving an issue may be:

  • the person conducting a business or undertaking (PCBU) with whom the issue was raised
  • any other PCBU involved in the issue
  • where at least one worker in a work group is affected by the issue, their HSR or their representative
  • where a worker or workers affected by the issue are not in a work group, the worker or workers or their representative.

Workers can still bring an issue to the attention of their HSR at any stage of the issue resolution process. If your HSR considers that the issue is not related to health and safety, they should refer you to someone else at the workplace who can help resolve it.

If requested a representative, such as from a union or employer organisation, may enter the workplace to attend discussions with a view to resolving an issue. PCBUs must ensure that their representative is not an HSR, is sufficiently competent to act as their representative and has the appropriate level of seniority.

The WHS Act prohibits discriminatory conduct directed at anyone who raises work health and safety issues or who carries out legitimate safety-related functions or activities, such as HSRs.