Health and safety representatives (HSRs)

Health and safety representatives (HSRs) are workers elected to represent workers on health and safety issues in the workplace.

Employers and businesses – or anyone defined as a person conducting a business or undertaking (PCBU) – have legal obligations under the Work Health and Safety Act 2011.

As part of these obligations, any worker (or group of workers) may ask you for a health and safety representative (HSR) to be elected to represent them on work health and safety issues.

HSRs play an important role in gathering information about health and safety issues of their work group. They work out ways to resolve issues and can direct a worker or work group to stop unsafe practices.

HSRs are entitled to attend an approved training course.

Read our Worker representation and participation guide PDF, 528.69 KB for more information about worker participation in work health and safety.

Role and powers of a HSR

The role of a HSR is to:

  • represent workers in a work group on health and safety matters
  • investigate complaints of the work group relating to health and safety
  • monitor the measures taken by you to comply with relevant work health and safety laws
  • enquire about potential risks to the health and safety of workers
  • work out ways to resolve any issues in consultation with you or your representatives, such as managers, supervisors, committees and other HSRs.

A HSR has the power to:

  • inspect a work group’s workplace
  • be present during a workplace inspection
  • be present at an interview with workers and an inspector, and/or the business owner, with the workers consent
  • ask for a health and safety committee be established
  • gather information about the health and safety of workers in the work group - without breaching worker’s privacy
  • issue a provisional improvement notice (PIN) if they reasonably believe the WHS law has been broken
  • direct a worker or work group to stop unsafe work if they reasonably believe workers would be exposed to a serious risk to their health and safety (direction to cease work).

A direction to cease work can only be given if either:

To issue a PIN or direction to cease work, an HSR must have completed approved training.
Our HSR handbook provides useful information and guidance for HSRs to perform their role.

Work groups

If a worker asks for representation by a HSR, you must establish one or more work groups for the HSR to represent. You must take reasonable steps to commence the negotiations for agreement of work groups within 14 days.

For more information about forming work groups, visit Health and safety representation, work groups and HSR elections.

Electing a HSR

All workers (and volunteers) in a work group are eligible to:

  • vote in the election for one or more HSRs and deputy HSRs for a 3-year term
  • nominate and be elected as a HSR or deputy HSR for their work group.

All workers must be given:

  • a notice calling for nominations
  • the election date, as soon as possible
  • the outcome of the election, as soon as possible.

The election can only be conducted after the nominations have closed. As an employer, you must provide any reasonably necessary resources, facilities and assistance to enable an election.

For more information about HSR elections, visit Health and safety representation, work groups and HSR elections.

Employer obligations for HSRs

As an employer, you must:

  • notify us of your HSRs and Deputy HSRs using the HSR notification portal
  • prominently display the work groups and names of HSRs and deputy HSRs for your workers.

The portal’s privacy collection notice explains how workers’ personal information is handled by us.

To support a HSR, you must:

  • give them time off at normal pay, and any necessary facilities and assistance, so they can fulfil their role
  • talk with them about health and safety issues
  • give 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.

A HSR can be disqualified if they:

  • use a power or perform a function as an HSR for an improper purpose, or
  • use or disclose any information gained as a HSR that’s not connected with their HSR role.

Protection from discriminatory conduct:
No person is permitted to undertake discriminatory, coercive or misleading conduct against workers who report a WHS matter or undertake the role and functions of a HSR. Find out more about discriminatory conduct.

Provisional Improvement Notices (PINs)

HSRs can act if they believe there is or has been a contravention of the Work Health and Safety Act 2011 (WHS Act) that will be repeated.

An HSR can issue a provisional improvement notice in accordance with section 90 of the WHS Act.

Issuing a provisional improvement notice

A provisional improvement notice tells a person (duty holder) that a contravention to the Work Health and Safety Act 2011 (Act) needs to be addressed.

A HSR who has completed approved HSR training can issue a PIN requiring a person to:

  • remedy the contravention of the Act
  • prevent a likely contravention of the Act from occurring
  • remedy the things causing the contravention or likely contravention of the Act.

A HSR must first consult with the employer, or the person with the responsibility to resolve the safety issue, before a PIN can be issued.

At least 8 days must be allowed between the date that the PIN was issued and the date that the PIN needs to be complied with.

It is possible to request for review of provisional improvement notice by contacting us for an Inspector to attend the workplace. This request must be made within 7 days of the PIN being issued. The operation of the PIN is stayed if a request is made to appoint an inspector to review it.

If a PIN is not complied with in the specified timeframe, the HSR can contact us to arrange for an Inspector to attend the workplace. The Inspector will attend and enquire into the circumstances of the PIN to determine non-compliance. This could result in compliance and enforcement action.

Direction to cease unsafe work

A HSR can direct a worker in the work group to cease unsafe work (stop unsafe work) if they have a reasonable concern there would be a serious health and safety risk to the workers they represent from an immediate or imminent exposure to a hazard.

An HSR can only direct that work cease if the HSR has completed an approved HSR training course.

HSRs are required to consult with the PCBU before directing unsafe work to stop. If the risk is so immediate that it's not reasonable to consult first, they consult as soon as possible after the direction.

Workers directed to stop work must remain available to carry out alternative work that’s safe and appropriate.

If there’s an issue in relation to a direction to cease unsafe work, a worker, HSR or you the employer can ask us to appoint an inspector to help resolve the issue.

HSR Training

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

As an employer, you must provide training as soon as possible and within 3 months of receiving a request from an HSR.

HSRs can choose the approved training course that they wish to attend.

When a HSR attends training, you must pay:

  • their normal pay
  • course fees
  • any other reasonable costs associated with their attendance, such as travel and other incidental expenses.

Find an approved HSR training provider.

Become a HSR trainer

For information for training providers who want to deliver HSR training in NSW, visit HSR training providers, or contact our Customer Service Centre on 13 10 50 or tacs@safework.nsw.gov.au.

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