The benefits of having a health and safety representative (HSR)

The role of the HSR was introduced into state and territory WHS legislation sporadically across Australia. This position was primarily envisaged to be representative for the workers in the higher risk businesses since its inception the position has become more common place in the administrative workplaces.

SafeWork Australia have more information on the Health and Safety Representatives including,
– HSR and work groups
– Forming work groups
– Electing HSR
– The role of HSR
– HSR training and
– A range of Supporting information including the Model COP, Guides and Checklists.

The concept was to have a person to speak for the workers when discussing health and safety issues with the employer, would consolidate these discussions and assist in reaching a consensus. The HSR would then take that information back to the group of workers they represent and discuss the outcome of the discussion that the health and safety representative had with the employer.

There had always been a duty on the employer to consult with the workers however this can become unyielding when there are many workers. Having one person nominated (elected) by a group of workers in a workplace (workgroup) would streamline the process.

The WHS legislation generally lists roles as having duties that are not able to be delegated but may be shared. The HSR instead has powers and functions without any duties. This means there is no legal ramifications if they do (or don’t do) something in the role as a HSR. Further, the legislation has grown to ensure that there are general protections for all workers including the health and safety representative, who may do or not do a thing that is related to participation in the health and safety process in a business.

Training of a Health and Safety Representative

When a worker in a workgroup is elected as a HSR or a deputy HSR, the employer must be advised. In most states this training is not mandatory unless the HSR asks for the training. Queensland WHS Legislation states that the employer must arrange for the training within three months of a worker being elected.

The initial training course is for 5 days and covers a range of topics.
– Interpreting the WHS legislative framework and identifying key parties and their legislative obligations and duties
– Establishing representation in the workplace under the WHS Act
– Effective consultation: Participation in problem solving steps, issue resolution and monitoring risk controls as a HSR
– Monitoring PCBUs management of work health and safety: workplace inspections, recording findings and ‘notifiable incidents’

Each of these topics lead to the HSR possibly issuing a provisional improvement notice (PIN) after consulting with the other party. Only the HSR that has attended the approved training course can issue the provisional improvement notice (PIN). These courses are approved under section 21 of the Work Health and Safety Regulation 2011 being:
– an initial five-day training course
– a one day refresher course.

The HSR training course is designed to provide the health and safety representatives with the skills and knowledge relevant to their roles. This training is not designed to them health and safety professionals.

Employers are required to pay for the reasonable costs associated with this course including:
– travel related to the training course.
– accommodation, meals and incidental expenses if agreed to.

The term of the HSR is three years. At the end the three years the worker can be re-elected if workers in the workgroup want or the workers can elect a different worker from the workgroup. Every three years the elected HSR is required to attend a one-day health and safety representative refresher course to reiterate the requirements of the position.

Purpose of a Health and Safety Representative (HSR)

The essence is that the HSR represent the workers in a work group on health and safety matters including,
– discussing health and safety matters with managers on hazards & safety issues and negotiate (on behalf of the workgroup) outcomes that are mutually beneficial.
– monitoring the employers’ health and safety system is meeting health and safety legislative requirements in reducing risks in the workplace.
– being a positive influence on the health and safety of workers in the workgroup.

Understanding that the HSR is not expected to be an expert on health and safety and are not responsible for remedying health and safety in the workplace. A well implemented worker representation system utilising the HSR provides a means for improving consultation and involving workers. It is widely understood that workplaces have better health and safety outcomes when workers have input before decisions are made about health and safety matters that affect them.

Please contact us if you are interested in attending our 5 Day Health and Safety Representative training course or the Health and Safety Rerpresentative Refresher course. Our trainers can David, Andrew or Mark can discuss your health and safety training requirements.

We also have qualified and certified Safety Consultants that can assist you and offer a range of WHS consulting services along with general and specific health and safety training courses.

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The benefits of having a health and safety representative (HSR)