• Industry sectors
• Managing risk
• Workplace incidents
• Notify or give notice to WHSQ
  • Asbestos notifications
  • Providing a list of health and safety representatives
  • Notifications for hazardous chemicals
• Workplace rights and obligations
• Statutory requests
  • Default resolution procedure
  • Issues an inspector can decide
  • Issues an inspector can assist in resolving
• Workplace training
• Health professionals
• Small business
• Medium business
• Large business
• Public sector
• Major hazard facilities
• Reporting an incident

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Default resolution procedure

The Work Health and Safety Act 2011 (PDF, 1.42 MB) places a duty on persons conducting business or undertaking (PCBU) to make reasonable efforts to achieve a timely resolution of issues, relating to workplace health and safety, that may arise at a workplace or from the conduct of a business or undertaking. This resolution should be achieved by the use of an agreed resolution procedure or if there is no agreed procedure through the use of the default procedure as defined in Section 23 of the Work Health and Safety Regulation 2011 (PDF, 2.70 MB).

The default issue resolution procedure can be commenced by either party to the issue by telling the other party there is an issue to be resolved and the nature and scope of the issue.

Once parties have been advised there is an issue they must meet or communicate with each other to attempt to resolve the issue.

The parties must have regard to all relevant matters including:

• the degree and immediacy of risk to workers or other persons affected by the issue
• the number and location of workers and other persons affected by the issue
• the measures (both temporary and permanent) that must be implemented to resolve the issue
• who will be responsible for implementing the resolution measures.

A party may, in resolving the issue, be assisted or represented by any person nominated by the party.

If the issue is resolved, details of the issue and its resolution must be set out in a written agreement if any party to the issue requests this.

If a written agreement is prepared all parties to the issue must be satisfied that the agreement reflects the resolution of the issue.

A copy of the written agreement must be provided to -

• all parties to the issue
• if requested, to the health and safety committee for the workplace

Nothing in this procedure prevents a worker from bringing a work health and safety issue to the attention of the worker’s health and safety representative.