Health and safety representatives

It is a serious role and has powers and responsibilities under the sections 68 and 69 of the Work Health and Safety Act 2011.

An HSR and deputy HSR play a pivotal role in gathering information about what the health and safety issues are for their work group. They can work out ways to resolve issues in consultation with PCBU representatives such as managers, supervisors as well as committees and other HSRs.

If an HSR has completed approved HSR training they can direct a worker in the work group to stop unsafe work if they reasonably believe workers would be exposed to a serious risk to their health and safety. This stop-work direction can only be given if the issue has not been resolved by consultation, or if the risk is so serious and immediate or imminent that it's unreasonable to consult first.

An HSR can issue a Provisional Improvement Notice (PIN) if they reasonably believe there is a contravention of the Act.

Electing a health and safety representative

Workers elect an HSR after agreement on the work groups has been reached.

All workers in a work group are entitled to elect one or more HSRs and deputy HSRs for a three-year term. You must provide any reasonably necessary resources, facilities and assistance to enable an election to be conducted.

Calling for nominees

All workers (and volunteers) are eligible to nominate and be elected as a HSR or deputy HSR for their work group.

A notice calling for nominations needs to be given to workers and workers told the date of the election as soon as practicable after it is determined.

Conducting elections

After the nominations have closed an election can be conducted.

You need to make sure:

• each worker in the work group is informed of the election date as soon as possible
• all workers in the work group are given an opportunity to nominate for the position of HSR, and vote in the election
• all workers and relevant employers are informed of the outcome of the election.

Notifying us

You must tell us who your HSRs and deputy HSRs are

Display the names of the HSRs (and any deputy HSRs), and the work groups, prominently so your workers know who they can contact to discuss safety concerns.

Your obligations to an HSR

As an employer, you must support the HSR by:

• giving them time off at normal pay, and any necessary facilities and assistance, to enable them to fulfil their role
• talking with them about health and safety issues
• giving them access to all information regarding hazards and risks affecting the work group
• allowing them to attend interviews about work health and safety, if the worker consents
• allowing a person assisting the HSR to enter the workplace, if that assistance is necessary
• permitting them to accompany an inspector on an inspection of areas where the workers they represent work
• giving them five days training and a one-day annual refresher course, if requested.

An HSR can be disqualified if they exercised a power or performed a function as an HSR for an improper purpose, or used or disclosed any information acquired as an HSR that is not connection with the role of an HSR.

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.

Directing work to stop

An HSR can direct a worker in the work group to 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.

If possible, they are required to consult with the PCBUbefore directing work to stop. If the risk is so immediate that it's not reasonable to consult first, they can direct the unsafe work to stop and then consult as soon as possible after that.

Training for HSRs

Approved work health and safety training providers help HSRs to understand and fulfil their role and functions.