PCBU responsibilities for Health and Safety Representatives (HSRs)

Information for persons conducting a business or undertaking (PCBUs) about their consultation, representation and participation obligations under the Work Health and Safety Act 2011.

Forming a work group

If a worker requests to elect one or more HSRs, you must facilitate the determination of work groups, which will allow workers to elect an HSR for that work group. When forming work groups, you must take all reasonable steps to commence negotiations with the workers within 14 days after that request is made. After negotiations are complete, you must notify the workers of the outcome of the negotiations.

HSR elections

Workers may request to elect an HSR to represent them, or other workers, on health and safety matters at the workplace.

When negotiating work groups, you must act in the best interests of the worker. Your workers must also inform you when they decide on an HSR election date, as soon as practicable.

To facilitate the HSR election, you must take all reasonable steps to ensure:

  • all workers in the work group have the chance to nominate themselves or another member of the work group for the position of HSR (unless they have been disqualified)
  • all workers have the chance to vote in the election
  • you inform all workers in the work group and all relevant PCBUs of the election outcome
  • if there is more than one work group, a separate HSR election is held for each.

After an election

As a PCBU, you must notify SafeWork NSW of your HSRs and Deputy HSRs, using the HSR notification portal.

You must also prominently display the work groups and names of HSRs and Deputy HSRs to your workers.

Health and safety committees

Health and safety committees (HSCs) allow businesses (and other PCBUs) to work together with workers on health and safety matters. A committee is effective if you have a large business and need to consult on matters that are the same across several work groups or workplaces.

You must establish an HSC within two months of receiving a request by:

  • an HSR for a work group of workers carrying out work at that workplace, or
  • five or more workers at that place, or
  • within the timeframe set by the regulations, if the regulations require an HSC to be established.

An HSC can be established by a PCBU on the PCBU’s own initiative.

You can nominate up to half of the members of the HSC.

You must ensure that HSC members:

  • have the time that is reasonably necessary to attend meetings or to carry out their functions as HSC members
  • be paid at their normal rate when spending the time that is reasonably necessary to attend HSC meetings or carrying out functions as HSC members.
  • have access to information about hazards and risks at the workplace.
  • have access to information relating to the health and safety of workers at the workplace. However, workers' personal or medical information must not be shared without their consent, unless the information is de-identified.

For further information on HSCs, read the Health and safety committees factsheet.

HSR training and HSR entitlements

HSRs are entitled to attend a 5-day training course in work health and safety delivered by an approved training provider, and a one-day refresher course each year.

You must provide training as soon as practicable and within 3 months of receiving an HSR request.

To support an HSR, you must:

  • give them time off at normal pay, and any necessary facilities and assistance, so they can fulfil their role
  • consult with them about health and safety issues
  • provide them access to all information about hazards and risks affecting the work group
  • allow them to attend interviews about work health and safety
  • allow any person assisting the HSR to enter the workplace
  • allow them to accompany an inspector on an inspection of areas where the workers they represent work
  • allow them to attend an approved training course as soon as practicable and within 3 months of receiving a request from an HSR.

Orders to stop unsafe work

HSRs can direct workers or their work group to stop unsafe work if they reasonably believe workers are, or may become, exposed to a serious health and safety risk.

HSRs have a duty to consult with you before issuing a direction to stop unsafe work. This is unless the risk is so serious and immediate that it’s not reasonably practicable to do so. In these situations, they must consult as soon as possible after giving the direction to stop work.

HSRs must attend a 5-day training course in work health and safety delivered by an approved training provider to be able to issue a direction to stop unsafe work. This requirement is also satisfied if the HSR has previously completed that training when acting as an HSR for another work group or has completed training that is equivalent to that training under a corresponding WHS law.

Provisional Improvement Notices (PINs)

A trained HSR can issue you with a written PIN if they reasonably believe you:

  • are contravening the WHS Act, or
  • have contravened the WHS Act in a way that is likely to continue or happen again.

Before issuing a PIN HSRs must:

  • attend a 5-day training course in work health and safety delivered by an approved training provider
  • have previously completed that training when acting as an HSR for another work group, to be able to issue a PIN
  • consult with you about the contravention.

A PIN issued by an HSR may require you to take specific actions to fix the contravention, prevent a likely contravention, or address the causes of a contravention or likely contravention.

You must display the PIN promptly in a prominent place at or near the affected workplace. The notice must remain displayed until the issue is resolved.

As a PCBU, you must provide a copy of any PIN issued by an HSR to SafeWork NSW as soon as practicable after it is issued. This can be done via the HSR Portal.

For more information about this requirement, visit how to provide a copy of your PIN.

Disputing a PIN

If you dispute the PIN, you can request that SafeWork NSW appoint an inspector to review the PIN by contacting SafeWork NSW. You have 7 days to request a review after the PIN is issued. If a review is requested, the operation of the PIN is stayed until an inspector makes a decision on the review.

A SafeWork NSW inspector will visit the workplace as soon as practicable after a review is requested, review the PIN and inquire into the circumstances relating to the PIN.

The inspector will decide whether to:

  • confirm the PIN
  • confirm the PIN with changes
  • cancel the PIN.

The inspector will provide a copy of the decision to you and to the HSR who issued the PIN. An inspector’s decision is a reviewable decision under the WHS Act.

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