What are the powers and functions of a health and safety representative?

Any worker (or group of workers) may ask the person conducting a business or undertaking (PCBU) for an HSR to be elected to represent them on work health and safety matters.

Índice Show

Forming work groups
Electing health and safety representatives
The role of health and safety representatives
HSR training
Supporting information
Benefits of having health and safety representative’s
Employers statutory obligations
Powers and functions
Accountability
Removal of an HSR
Disqualification

It is not mandatory for a business or undertaking to have an HSR, unless requested by workers.

If a worker makes this request, a work group or groups must be formed.

Forming work groups

Work groups are formed by negotiation and agreement between:

the PCBU, and
the workers who are proposed to form the work group (or their representatives).

Negotiations need to decide:

the number and composition of work group/s
the number of HSRs and deputy HSRs (if any) to be elected, and
the workplace/s to which the work groups will apply (if there is more than one workplace).

When negotiating work groups there are a range of matters that must be considered, including:

the number of workers
the views of workers
the diversity of workers
the different types of work
the different types of work carried out by the workers
the areas or places where each type of work is carried out
the nature of any hazards and risks
the nature of the engagement of workers, e.g. employees or contractors
the pattern of work, e.g. full-time, part-time, casual, short-term or seasonal work, and
the times work is carried out, e.g. night shifts or rotating rosters.

Negotiations must aim to ensure workers’ health and safety interests are well represented and each worker can easily access their HSR.

If negotiations fail, any person (who is or would be a party to the negotiations) may ask the regulator to appoint an inspector to assist the negotiations or make a decision.

Work group negotiations might need to involve multiple PCBUs if workers carry out work for different businesses or undertakings. For example:

construction sites where workers of different contractors and sub-contractors work for a principal contractor
labour hire arrangements where workers work for the on-hire agency and the host business.

More detailed information on forming work groups can be found in the Worker representation and participation guide.

Electing health and safety representatives

Workers in the work group can decide how the HSR elections will be conducted. It may be informal, for example with a show of hands, or it may involve a more formal process such as the use of ballots.

If the majority of workers in a work group agree, the election may be conducted with the assistance of a union or other organisation or person.

As a PCBU, you must provide the resources, facilities and assistance that are reasonable for the HSR elections to be conducted.

You must also take all reasonable steps to ensure:

all relevant PCBUs and workers in the work group are informed of the election date as soon as possible
all workers in the work group have the opportunity to nominate for the position of HSR or deputy HSR, and vote in the election, and
all relevant PCBUs and workers in the work group are informed of the election outcome.

An election is not necessary if the number of candidates for an HSR position equals the number of vacancies. For example, if you have one HSR position for a work group and only one candidate.

The role of health and safety representatives

The responsibility for providing a healthy and safe workplace rests with the PCBU. However, HSRs have an important role in representing members of their work group and bringing issues to the attention of the PCBU.

HSRs have the following powers and functions:

represent the workers in their work group in relation to WHS matters
monitor the PCBU’s compliance with the WHS Act
investigate WHS complaints from members of the work group; and
inquire into WHS risks to workers.

It is up to the HSR to decide when they will exercise their powers and perform their functions (there are no mandatory obligations on HSRs to do so). HSRs can:

seek and receive information concerning the work health and safety of workers in a work group
inspect the workplace where their workgroup works at any time after giving reasonable notice to the PCBU (or without notice in the event of an incident or any situation involving a serious risk to health or safety)
attend interviews between a work group member or members (with their consent) and an inspector or the PCBU (e.g. after an incident has occurred, for return-to-work purposes or as part of issue resolution)
in some circumstances, direct a work group member to cease unsafe work or issue a provisional improvement notice (PIN).

Refer to the Worker representation and participation guide for detailed information on HSR powers and functions.

PCBUs have obligations to support HSRs, including:

consulting with HSRs on work health and safety matters
allowing HSRs access to information on hazards at the workplace and other information that may impact the health and safety of workers
providing any resources, facilities and assistance to HSRs for them to perform their functions
ensuring HSRs are not disadvantaged for taking on the role of HSR
permitting an HSR to accompany an inspector during an inspection of any part of the workplace.

HSR training

HSRs are entitled to attend a training course in work health and safety of up to five days, as well as one day refresher training each year.

Training is not mandatory for HSRs. However, without training HSRs are unable to direct workers to cease unsafe work or issue a provisional improvement notice (PIN).

Encouraging HSRs to attend training will help to make sure have the skills and knowledge to perform their role effectively.

If an HSR has made a request for training, you must allow them to attend their chosen course (one approved by the regulator) as soon as practicable within 3 months after the request is made. You must also pay the course fees and any other reasonable costs associated with the HSR’s attendance at the training.

More detailed information on HSRs can be found in the Worker representation and participation guide.

Supporting information

November, 2018

WHS/OHS legislation in all the Australian jurisdictions states that workers are entitled to elect Health and Safety Representatives (HSR) in each workplace. Each state has different legislative obligations, however, the importance of HSRs functions is the same. HSRs plays a critical role in making workers safer at work, above all, helping workers for ensuring their views and concerns are heard in relation to Work Health and Safety issues. In this blog, we will give you an insight about powers and functions of an HSR, and their roles and responsibilities to their employer and the workers they represent.

To elaborate a little, health and safety representatives role within the workplace help employees within their workgroup communicate critical health and safety information about health and safety hazards between employers and the workers. In fact, they are like a bridge between employer and employees.

Benefits of having health and safety representative’s

The employers, who have open communication with HSRs in relation to health and safety matters, identify potential hazards within the workplace that the employer would not be aware of, or have not yet picked up on. They are often the best people to understand the risks, as they are working in the work area, whom they represent.

As a result, involving health and safety representatives in the workplace:

improves employee involvement;
helps the employer to identify the potential risks;
helps the employer to identify better safety controls;
improves safety culture of an organisation;
empowers employees;
help the organisation to reduce the accidents, injuries, and potential near misses;
reduces the cost of accidents, injuries and potential near misses; and
increases productivity, and efficiency.

Employers statutory obligations

Employers have statutory obligations to support HSRs in their role. Below are the employer’s obligations to HSRs:

provide access to information relating to hazards and risks in the workplace, that will affect the workers’ health and safety.
Talking with the HSR about health and matters.
provide access to any resources the HSR may need to carry out their functions.
discuss, when it is requested, to check the health and safety of the workers.
allow a person supporting an HSR for the workgroup, to have access to the workplace.
allow HSR to accompany an inspector during an inspection.
maintain, and display list of HSR.
provide health and safety representatives initial 5 days HSR training and HSR refresher (Health and safety representatives in Queensland must complete their HSR training and employer have an obligation ensure that), in other states upon request.

Powers and functions

Under the WHS/OHS legislation, HSRs are given powers and functions. This powers and functions enable the HSR, the ability to exercise their powers and functions effectively when they choose to exercise them.

Powers and functions of an HSR are to:

main role is to represent workers on health and safety issues with the workplace,
monitor the measures taken by the employer,
investigate the complaints from their work group members, and
look into anything that might be a health and safety risk to the workers they represent.

In order to exercise their powers and functions, health and safety representatives can inspect the work area, make a request to the regulator to attend the workplace, accompany and inspector, represent the work group members and request the establishment of a work health and safety committee.

They can also exercise additional powers and functions:

to stop work from being performed if there is an immediate risk to the safety and health of persons at work, and
to issue a ‘Provisional Improvement Notice (PIN) when they reasonably believe their employer breached a provision of the Work Health and Safety Act 2011 (WHS Act). (copy of PIN notice issued by the Health and safety representatives in Queensland must be sent to the WHSQ)

However, this powers and functions are limited to their workgroup, unless another workgroup representative is not available and the workers in the workgroup asked representatives help. Also If a representative sees that another workgroup member exposed to a hazard, about to heart themselves, or others.

Accountability

A health and safety representative has an immunity for anything done or omitted in good faith in the course of their duties. They can choose when to exercise their powers and functions. WHS/OHS legislation does not enforce compulsory responsibilities or duties on HSRs.

Removal of an HSR

If the workers are not pleased with the performance of their health and representative, employees in a workgroup can sign a statement that the HSR does not represent the workgroup. The statement must be signed by the majority of the workgroup members. A copy of the document must be given to the HSR, employee and WHSQ.

Disqualification

A HSR is required to use their powers properly, with vigilant use of exercising their powers, and not engaged with the purpose of causing harm to the employer.

If the employees or the employer believe that they have been adversely affected by an HSR’s performance, they may raise an objection with more specific dissatisfactions. They can also object to a representative and seek the HSRs disqualification. More information about the powers and functions of an HSR can be found at WHSQ site.

If you would like to read more about Health and safety representatives , continue to read 5 Reasons why you should invest in training Health and Safety Representatives.

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