Macquarie University Enterprise Agreement 2000-2003

This Agreement supersedes the Macquarie University General Staff Enterprise Agreement 1997 and the Macquarie University Academic Staff and English Language Teachers Enterprise Agreement 1997. This document is for reference only and has been superseded. The current Enterprise Agreement is at www.hr.mq.edu.au/enterprise/index.html

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10 OH & S MATTERS

10.01 Complying with O H & S Requirements

10.01.01 The University will provide sufficient funding to meet OH&S requirements.

10.01.02 The Occupational Health and Safety Act 1983 is the main relevant legislation. It has regulations on a wide range of matters including:

10.01.03 The 'employer', which is the University and every manager or supervisor, is responsible for health and safety in University workplaces.

10.01.04 The University has comprehensive OH&S policies and procedures (listed in Attachment 10). These are designed to protect your right:

10.01.05 The University, managers or supervisors must provide you with: 10.01.06 The Occupational Health and Safety Act, its regulations and the University's policies require you and every staff member at work to take reasonable care for the health and safety of anyone who may be affected by another staff member's acts or omissions. Under this Act you must cooperate with the University to allow the University to meet its obligations.

10.01.07 You must:

Resolving OH&S Issues

10.01.08 You should take the following steps if you see a hazard or think that the work being done is unsafe or unhealthy and cannot fix it yourself:

10.01.09 If you or your supervisor comply with a direction to work in a safe way or to remove a hazard, no further action is needed. If the request is not followed, this will be dealt with under the Disciplinary Procedures.

10.02 Medical Examinations

10.02.01 If you carry out duties and are associated with or exposed to: 10.02.02 You will be given a copy of the medical reports.

10.03 Noise Levels

10.03.01 The University will make sure that noise levels are below legal limits. The University will have regular tests of noise levels carried out and will, if asked, give the results to the Union.

10.04 First Aid

10.04.01 The University will provide and maintain first aid facilities.

10.04.02 You will be paid an allowance at the appropriate rate if you are appointed to be responsible for first aid facilities, injury records and providing first aid to other staff and/or students. You must have a current first aid certificate of the St John Ambulance or an equivalent first aid qualification.

10.04.03 The rates shown in Attachment 1 have been decided as the annual value of the following rates:

10.05 OH&S Coordinators

10.05.01 You may be appointed as an OH&S Coordinator to help your Head, other staff, students and visitors to the area on OH&S matters.

10.05.02 You will be paid an allowance at the same rate as a First Aid Officer in Attachment 1 and must attend a University approved safety training program at least every 3 years.

10.06 Clothing and Safety Equipment

10.06.01 If you are required to wear protective clothing, this will be provided, maintained, replaced and, where appropriate, laundered or dry cleaned at the expense of the University. You will not be paid an allowance instead of being provided with laundry, dry cleaning or replacement.

10.06.02 You will be supplied with all safety equipment required by Acts or Regulations (e.g. gloves, masks, goggles, helmets, steel capped boots, and safety shoes).

10.06.03 You must wear protective clothing or safety equipment provided to you under 10.06.01/2 while performing duties for which it has been provided.

10.06.04 Any clothing you are provided will remain the property of the University and will be given back by you at the end of your employment. This does not apply to uniforms unless they have the University logo.

10.06.05 Your protective clothing and equipment will be replaced when you give back the earlier issues but this will not apply to uniforms unless they have the University logo.

10.07 Staff Amenities and Facilities

10.07.01 Dressing rooms and conveniences and suitable dining accommodation are provided. Rest rooms are provided for you to rest if sick.

10.08 Compensation for Loss or Damage to Personal Property

10.08.01 You will be compensated for damage to your personal property if the damage occurs: 10.08.02 Personal property means your: 10.08.03 This clause will not apply if you are covered by the Workplace Injury Management and Workers' Compensation Act 1998 for compensation.

10.09 Employee Assistance Program

10.09.01 The University Counselling and Health Services (UCHS) has an Employee Assistance Program (EAP) offering you help through consultation with counsellors or, where appropriate, by referral to external counsellors.

10.09.02 The EAP is paid for by the Personnel Office and is a confidential service that can help you to:

10.10 Alcohol and Drug Abuse

10.10.01 This provision deals with better management of problems from the abuse of alcohol and other drugs at the workplace. It applies to all Levels. The University is not concerned with social drinking or drug taking, but rather with any condition that affects your work performance.

10.10.02 An individual's dependence on alcohol or other drugs is an illness that will respond to treatment and moral judgements will not be made. It is to be treated like any other illness.

10.10.03 If your performance is not satisfactory due to your dependence on alcohol or other drugs, you will not be dismissed or have any promotional opportunity risked simply because of this dependence. You can expect encouragement and help in getting and maintaining appropriate treatment.

10.10.04 Once your dependence has been suppressed and your performance is satisfactory the matter will be at an end.

10.10.05 Information about your dependency on alcohol or other drugs, the help provided, and the outcome will be treated with confidence as for any other health problem.

Alcohol and Drug Testing in the Workplace

10.10.06 You will not be tested for any form of alcohol or drug in the workplace.

10.10.07 If you appear to be strongly affected by alcohol and/or any other drugs, you will not be allowed to work until you have an acceptable level of sobriety and your supervisor believes that you are fit to work.

10.10.08 There is no legal limit on alcohol under the Occupational Health and Safety Act 1983 for workplaces. You must not drive a University vehicle if you have a blood alcohol level above the limit in the traffic laws.

10.10.09 Testing for the presence of legal or illegal drugs is inconclusive. It is hard to conclude that you might be affected by drugs.

Early Workplace Intervention

10.10.10 If you have an alcohol or other drug abuse problem, this may be helped by supervisors and/or advisers seeing any decline in your performance, an early effect of the disorder. You will be referred for diagnosis and treatment only on the basis of your performance.

10.10.11 Workplace supervisors are not qualified to diagnose alcoholism or drug abuse. They will be given a checklist to help them to detect signs that suggest that dependence is affecting your performance.

10.10.12 If your performance is affected, you will be interviewed by your adviser under the PMS procedures and asked to take corrective action. Judgements on substance abuse will be avoided.

10.10.13 If your performance does not improve, you will be interviewed and warned in writing under the PMS.

Employee Assistance

10.10.14 You will be offered professional help on a confidential basis. If you accept, the Personnel Office will refer you to the UCHS, which may refer you on to the EAP provider or other appropriate sources of help.

10.10.15 You, your supervisor or Head, or a Personnel Officer may refer your case to the UCHS but you decide if you will use the service. You may ask for help from an external practitioner or agency of your own choice.

10.10.16 If you decide not to accept or ask for treatment or if, after a review period following treatment, there is no improvement in your performance, further action will be taken under the Disciplinary Procedures.

10.11 Smoke Free Environment

10.11.01 Smoking is a hazard to workplace air quality. The University has a legal responsibility to provide a smoke-free working environment.

10.11.02 You must not smoke in any indoor areas, external areas near windows, doors and air intake vents, or in vehicles used for work purposes.

10.11.03 No smoking signs are to be displayed on entrances to buildings, foyers, class/meeting rooms, offices, amenities, and University vehicles.

10.11.04 You are not allowed frequent or long smoking breaks.

10.11.05 All applicants for vacant positions will be told about this policy.

10.11.06 Heads are responsible for carrying out the policy in their areas. If you smoke in the University enclosed areas, your supervisor or Head should informally counsel you and ask you to comply with the policy.

10.11.07 If you do comply, no further action will be needed. If you do not, your action will be dealt with under the PMS.


[Enterprise Agreement Home] [HR Home]

[3 Introduction] [4 Salaries & Payments] [5 Union Rights] [6 Contract of Employment] [7 EEO, Equity & Appointments]

[8 Classification, Work & Working Hours] [9 Promotion] [10 OH & S Matters] [11 Leave, Absences & Leave Management]

[12 Professional Development] [13 Conduct & Performance] [14 Grievances, Appeals & Disputes]

[15 Termination of Employment] [16 Managing Change] [17 Visiting Staff] [Endorsement of Agreement] [Attachments]