Health and safety representative's toolkit

Health and safety representatives (HSRs) are elected to represent workers on health and safety issues in the workplace. You play an important role in gathering information, monitoring safety and resolving issues.

Your role as an HSR is to:

• represent workers in your work group in health and safety matters.
• investigate complaints of the work group relating to health and safety.
• monitor the measures taken by the business in complying with the WHS Act in relation to workers in your work group.
• inquire into potential risks to the health and safety of workers in the work group.

As an HSR you have the power to:

• inspect your work group’s workplace.
• be present during an inspection of the workplace.
• with the consent of the workers, be present at an interview between workers and an Inspector, and/or the business owner.
• ask that a health and safety committee be established.
• get information about the health and safety of workers in your work group - provided the worker’s right to privacy is not breached.
• issue a provisional improvement notice (PIN) if you reasonably believe a WHS law has been broken
• direct workers to stop unsafe work if you reasonably believe the workers are or are likely to be exposed to a serious risk to their health and safety (direction to cease work).

You can be disqualified as an HSR if you:

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

As an HSR, you’re entitled to attend an approved training course of your choice.  
To issue a PIN or a direction to cease work, you must have completed approved training.

Our HSR handbook provides useful information and guidance about performing your role as an HSR.

A day in the life of an HSR

Is this role for you? Watch our video to find out what it's like to be an HSR – in their words.

Employer obligations for HSRs

Notifying us

Your employer or the PCBU must:

• notify us of HSRs and Deputy HSRs using the HSR notification portal
• prominently display the names of the HSRs, deputy HSRs, and the work groups, so workers know who they can contact to discuss safety concerns.

Provide support

To support you in your role as an HSR, your employer or the PCBU must:

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

Provisional Improvement Notice (PIN)

As an HSR, you can issue a PIN under section 90 of the Work Health and Safety Act 2011. You can issue a PIN if you believe the law has been broken and it’s likely that this will continue or be repeated. Breaking the law is referred to as a contravention of the Act.

A PIN tells a person – or organisation – that the contravention must be addressed. They must:

• remedy the contravention
• prevent any likely contravention from happening
• remedy the things causing the contravention or likely contravention.

Before you issue a PIN, you must consult with your employer – or the person with the responsibility to remedy the contravention.

PIN template

A PIN must be in writing and meet the requirements of the Act.

You can use our model template as a PIN.

You do not have to use this template, as long as the PIN meets the requirements.

Time to comply with a PIN

You must allow at least 8 days from the date the PIN was issued for the person or organisation to comply with the PIN.

If they do not comply with a PIN within this timeframe, you can contact us to arrange for an inspector to visit the workplace. The inspector looks into the circumstances of the PIN to determine non-compliance. This could result in compliance and enforcement action.

Request a review of a PIN

The person or organisation that was issued the PIN can request a review of the PIN by contacting us.

The request must be made within 7 days of the PIN being issued. If they request an inspector to review it, the operation of the PIN is paused.

As part of the review, an inspector will visit the workplace and inquire into the circumstances relating to the PIN and determine whether it meets the requirements of the Act. The Inspector will make a decision to:

• confirm the PIN
• confirm with changes
• or cancel the PIN

The Inspector will provide a copy of the decision to the requestor/applicant and HSR who issued the PIN. This is a reviewable decision under the WHS Act.

PIN Checklist

Use this checklist when issuing a PIN.
To issue a PIN, you must have:

• completed an approved HSR training course
• consulted with your employer – or the person with the responsibility to remedy the contravention – before issuing a PIN.

The PIN states:

• who you believe has contravened the law
• what law you believe has been – or is being – contravened
• a brief outline of how the law has been – or is being – contravened
• the date by when the contravention must be remedied (at least 8 days after the PIN is issued).

The PIN can include:

• how the contravention can be remedied
• how to prevent a likely contravention
• the matters or activities that are causing the contravention
• directions that refer to a Code of Practice and offer a choice of ways to remedy the contravention
• details that confirm the person was consulted with before the PIN was issued.

Direction to cease unsafe work

As an HSR, you can direct a worker in the work group to cease unsafe work (stop unsafe work) if you reasonably believe workers would be exposed to a serious health and safety risk from an immediate or imminent exposure to a hazard.

Before issuing the direction to stop work, you must consult with the employer and try to resolve the issue. This is unless the risk is so serious and immediate or imminent that it’s not reasonable to do so. In these situations you must consult as soon as possible after giving the direction to stop work.

Workers directed to stop work must remain available to carry out alternative work that’s safe and appropriate, as directed by the employer.

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

Protection from liability

The Act provides protections while performing your HSR role and functions.

You’re not personally liable for anything done or omitted to be done in good faith when exercising a power or performing a function under the Act.

Training

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

Your employer must provide training as soon as practicable and within 3 months of receiving your request.

When you attend training, your employer must pay:

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

You can choose the approved training course you wish to attend.
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