Warning Letter - OHS Compliance Failure

Who can use this correspondence

This correspondence can be used by all employers.

Commentary

A warning letter represents the outcome of a disciplinary procedure. As part of the disciplinary procedure, the employer should give the employee an opportunity to respond to the allegations of failure to comply with an occupational health and safety requirement. It is recommended that the employer:

• meet with  the employee to give the employee an opportunity to respond to the allegations;
• allow the employee to bring a support person to the meeting;
• retain a record of  the meeting and include the employee’s response to the allegations; and
• carefully consider the employee’s response and come to a decision on what the employer believes to be the correct conclusions regarding the employee’s conduct. Any disciplinary action should be proportionate to the offence. In this regard, strong disciplinary action should be taken in response to serious failures to comply with occupational health and safety requirements.

In completing the HR Advance warning letter you will be prompted to provide information regarding the employee’s failure to comply with an occupational health and safety requirement. The answers that you give here should be as detailed as possible and consistent with any previous warnings. Importantly the letter should contain a description of the circumstances surrounding the employee’s failure to comply with the particular occupational health and safety requirement.