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Health and Safety Representatives (HSRs)

Worker Representatives for WHS Matters​

Health and Safety Representatives (HSRs) are workers elected to represent their work group on work health and safety matters.

[!important] HSRs are Elected by Workers HSRs are not appointed by management. They are elected by workers to represent workers' interests in health and safety consultation.

When HSRs Required​

WHS Act does NOT require HSRs unless requested by workers.

Trigger for establishing HSRs:

  • One worker requests election of HSR

Once requested:

  1. PCBU must negotiate work groups with workers (within 14 days)
  2. Elections held for each work group
  3. HSR represents workers in that work group

PCBU may also:

  • Alert workers to their right to elect HSRs (even without request)
  • Encourage HSR elections

Reference: WHS Act s.51-53

Establishing Work Groups​

Negotiation Process​

Purpose of negotiations: Determine:

  • Number and composition of work group(s)
  • Number of HSRs and deputy HSRs (if any) to be elected
  • Workplace(s) to which work groups apply

Work group may operate across:

  • Multiple worksites
  • Multiple businesses (if parties agree)

PCBU must:

  • Take all reasonable steps to commence negotiations within 14 days after request
  • Negotiate with worker's representative (e.g., union official) if worker requests
  • Notify workers of outcome as soon as practicable

If negotiations fail: Any party can ask regulator to appoint inspector to assist negotiations and determine matters.

Reference: WHS Act s.51-54

Work Group Composition​

Factors to consider when negotiing work groups:

  • Nature of work performed
  • Number and locations of workers
  • Hazards and risks workers are exposed to
  • Shift work or other working arrangements
  • Number of workers at each workplace

Example Approaches:

By trade/occupation:

  • Carpentry work group
  • Concrete/formwork work group
  • Services trades work group

By location:

  • Level 1-3 work group
  • Level 4-6 work group

By shift:

  • Day shift work group
  • Night shift work group

[!example] Construction Site Work Groups Large construction site negotiates 5 work groups:

  • Carpentry & Formwork (25 workers)
  • Concrete & Reinforcing (18 workers)
  • Services Trades (electricians, plumbers, HVAC - 22 workers)
  • Plant Operators & Laborers (15 workers)
  • Site Management & Administration (12 workers)

Each work group elects one HSR and one deputy HSR.

HSR Functions and Powers​

Key Functions​

HSRs are entitled to:

  1. Represent workers in work group on WHS matters
  2. Monitor control measures implemented by PCBU
  3. Investigate complaints from work group members about WHS
  4. Inquire into risks to health and safety at workplace
  5. Inspect the workplace (after giving reasonable notice to PCBU)
  6. Accompany inspector during workplace inspection (if inspector agrees)
  7. Receive information and documents from PCBU relating to:
    • Hazards and risks affecting the work group
    • Health and safety of work group members
    • (Excluding personal/medical info without worker's consent)

Reference: WHS Act s.68

Powers​

HSRs have power to:

Issue Provisional Improvement Notices (PINs):

  • If HSR reasonably believes PCBU contravening WHS law
  • Must complete approved training before issuing PINs
  • PCBU must comply with PIN (or request review)

Direct cessation of unsafe work:

  • If HSR reasonably believes work involves serious risk to person from immediate or imminent exposure to hazard
  • Workers can cease work until matter resolved
  • Must have reasonable concern about health and safety (WHS Act s.84-85)

Reference: WHS Act s.90-99

HSR Training​

HSRs are entitled to attend approved training in their role.

Training covers:

  • HSR functions and powers
  • Rights and duties under WHS Act
  • Hazard identification and risk assessment
  • Understanding control measures
  • How to investigate complaints
  • Issue resolution procedures
  • How to issue Provisional Improvement Notices

PCBU must:

  • Allow HSR reasonable time off work (with pay) to attend training
  • Pay for the training course

Training must be:

  • Approved by regulator
  • Provided by accredited training provider

Initial training: Typically 5 days

Refresher training: HSRs may attend periodically

[!tip] Construction Example New HSR elected for carpentry work group. PCBU allows 5 days paid leave to attend approved HSR training course (provided by union). HSR returns with knowledge of powers (including issuing PINs and directing work cessation in dangerous situations). PCBU pays course fees ($1,200).

Consultation Through HSRs​

If workers represented by HSR: Any consultation must involve that HSR.

HSRs must be included in discussions with or without direct worker involvement.

When PCBU must consult (including HSR):

  • Identifying hazards and assessing risks
  • Deciding on control measures
  • Changes affecting health and safety
  • Decisions about welfare facilities
  • Developing procedures
  • Incident investigations
  • Monitoring health and workplace conditions

HSRs have right to access:

  • Relevant WHS information
  • Technical guidance about hazards and risks
  • Information about health and safety of their work group members

HSRs entitled to spend reasonable time during work hours:

  • Attending consultations
  • Investigating complaints
  • Conducting workplace inspections
  • Attending training
  • Other HSR functions

"Reasonable time" depends on:

  • Size and nature of workplace
  • Hazards and risks present
  • Number of workers in work group
  • Complexity of WHS matters

PCBU must pay HSR for this time.

Deputy HSRs​

Work groups may elect deputy HSRs.

Deputy acts when:

  • HSR absent
  • HSR position vacant
  • HSR unable to perform functions

Deputies entitled to same:

  • Functions and powers
  • Training
  • Paid time off

HSR and WHS Committee​

If workplace has both HSRs and WHS committee:

HSRs:

  • Involved with specific WHS issues relevant to their work group
  • Entitled to be on committee (but not obliged)

WHS Committee:

  • Forum for consultation on management of WHS across whole workforce
  • Considers development, implementation, review of policies and procedures

Clear distinction between roles.

Practical Construction Examples​

Example 1: HSR Inspecting Workplace​

Scenario: HSR for services trades group receives complaint about electrical hazards (exposed wiring in switchboard).

HSR actions:

  1. Gives PCBU reasonable notice of intention to inspect (morning toolbox talk)
  2. Inspects switchboard area with complainant
  3. Takes photos of exposed wiring
  4. Discusses observations with site supervisor and electrical supervisor
  5. Confirms PCBU will isolate switchboard and engage licensed electrician to rectify
  6. Follows up next day to verify rectification

Outcome: Hazard corrected before anyone injured. HSR performed inspection function, PCBU cooperated, issue resolved.

Example 2: HSR Issuing Provisional Improvement Notice​

Scenario: HSR (completed approved training) observes scaffolding erected without required edge protection on top platform (3.5m high).

HSR reasonably believes: PCBU contravening WHS Regulation 4.4.9 (requirement for edge protection on scaffolding).

HSR actions:

  1. Issues PIN requiring edge protection installed within 24 hours
  2. Provides copy to PCBU and posts copy at workplace
  3. Documents observations and regulatory requirement

PCBU actions:

  1. Receives PIN
  2. Immediately installs edge protection
  3. Complies with PIN
  4. Investigates why scaffolder did not install edge protection (training gap identified)

Outcome: Serious fall risk eliminated. HSR exercised power to issue PIN. PCBU complied and addressed underlying issue.

Example 3: HSR Directing Cessation of Unsafe Work​

Scenario: Excavation collapses near edge while workers in trench (1.5m deep). HSR for plant operators/laborers group observes ground cracking.

HSR reasonably believes: Continuing work involves serious risk from immediate/imminent exposure to further collapse.

HSR actions:

  1. Directs workers to cease work and evacuate trench immediately
  2. Establishes exclusion zone
  3. Notifies PCBU and supervisor
  4. Requests geotechnical assessment before work resumes

PCBU actions:

  1. Supports HSR decision
  2. Engages geotechnical engineer
  3. Engineer recommends benching and shoring before work resumes
  4. Implements controls
  5. HSR consulted and agrees controls adequate
  6. Work resumes

Outcome: Serious injury or fatality prevented. HSR exercised right to direct cessation. PCBU cooperated. Issue resolved before resuming work.

Issue Resolution​

If HSR and PCBU disagree on WHS matter:

Default issue resolution procedure applies (unless agreed procedures in place):

  1. Discussion between parties
  2. If unresolved, either party may request inspector to attend
  3. Inspector may issue notices or take other action

Workers can cease work if reasonable concern about serious risk to health and safety (until matter resolved).

Reference: WHS Act s.80-82

HSR Protections​

HSRs must not be:

  • Discriminated against for performing HSR functions
  • Removed from position (only by election or disqualification)

It is an offence to:

  • Prevent or hinder HSR exercising functions or powers
  • Discriminate against HSR