What is a Health and Safety Representative (HSR)?

Workers’ Carry the Costs

It is crucial for workers to be involved in improving their workplace health and safety. The consequences of poor health and safety are much greater for workers than employers.

• Around 180 people who go to work, don’t come back home – that’s one workplace death every two days in 12 months
• An estimated 4,000 workers die from work related cancers and other work-related illnesses
• Over 120,00 workers have a successful workers’ compensation claim that results in a week or more off work – that’s 330 every day of the calendar year – and this is only those who have a successful claim, many workers do not claim, e.g. labour hire or casuals or those falsely classified as independent contractors.

Become an HSR

To ensure workers are involved in all decisions around health and safety, it is important to have HSRs. Health and safety laws gives HSRs significant powers to represent workers on health and safety matters and report and challenge management to ensure work and the workplace is healthy and safe.

A HSRs primary role is:

• Representation
• Consultation
• Communication

It’s important to remember that as HSRs you are not expected to be a technical expert.

Powers and rights of HSRs:

Actions you can take:

• Inspect where your work group members work; immediately in case of an immediate risk or at any time after giving reasonable notice
• Investigate complaints
• Monitor what the employer has done on health and safety
• Accompany an Inspector
• Be present at an interview with an Inspector or employer and workers if consented by all workers involved.
• Request the establishment of a Health and Safety Committee
• Represent members of another work group if there is a serious risk or if you are asked and the HSR for that work group is absent
• Request the assistance of any person, including a Health and Safety Inspector, another HSR, a fellow worker, a union delegate or organiser/Health and Safety officer

You may further take action if risks are not controlled. This may include:

• Request a review of risk control measures if:
• the control measures are not working
• a new risk/hazard has been identified or
• consultation indicates a review of risk controls is needed.
• Issue a Provisional Improvement Notice (PIN) requiring the employer to take certain actions. A HSR can only exercise this right if they have consulted with the employer about the health and safety issue and has attended an approved training course.
• Direct that unsafe work stops until it is safe — if there is an imminent or immediate risk to health and safety, an HSR can direct work to cease. An HSR can only exercise this right if they have attended an approved training course.

You also have the following rights to assist in performing your HSR role:

• Take time off, with pay to perform your HSR role
• Be provided with resources, facilities and assistance
• Be contacted when a health and safety inspector visit your work group

Right to training:

It is essential for an HSR to attend an approved training course.

HSRs have access to five days training (paid for by the employer) initially and then refresher training. The exact number of refresher days depends on the State where you work.

Choosing your training course

An HSR has the right to choose their training course, in consultation with their employer. The right of choice includes the right to attend a course which is approved, and union run.

The training can:

• inform HSRs about their powers
• Give HSRs practical exercises on how to use their powers g. how to present a case to management
• Give HSRs the time to share their experiences and learn from one another (one of the best reasons for doing a course).

Electing an HSR

There are a number of steps that must be taken when electing HSRs.

The law requires the:

• Creation of work groups – a work group is the workers the HSR will represent
• Election of HSRs – every worker in the work group gets the chance to vote
• Training of HSRs at approved courses.

The delegate’s role is to start the process of negotiating work groups for the election of HSRs. Delegates can always get advice from the union.

It is important to understand that being a delegate under the Fair Work Act is different to being an HSR under health and safety legislation. Some AWU representatives combine the two roles.

Steps for electing HSRs

Step 1: Creation of work groups

Before the election of an HSR(s), work groups (also called DWGs in Victoria) need to be negotiated.  Work groups are a group of workers who do similar work and share the same WHS interests).

Within 14 days of receiving the request, the employer must start negotiations with workers to determine work groups that HSRs will represent.

Workers can inform their employer that the AWU delegate or organiser will represent them in these negotiations. The negotiations can cover (not an exhaustive list):

• Number and grouping of workers who carry out the same or similar tasks
• Number of work groups
• The number of required HSRs and Deputy HSRs

Step 2: Conducting the election for HSR/Deputy HSR

Once agreement has been reached with the employer, then elections need to be conducted. The work groups elect their HSR and Deputy HSR. The decision on the type of election process, e.g. ballot, show of hands, is entirely up to workers in the work group.

Management must ensure that time and facilities are provided for the election to take place e.g. notice of election on noticeboard, work time for the conduct of an election etc.

If there is only one candidate, there is no need to conduct an election.

Step 3: Training for HSRs

Once the HSRs are elected, the employer must allow the HSRs to attend training that is chosen by the HSRs in consultation with the employer. All the costs of the training are paid by the employer. The employer also has to pay the HSRs what he or she would have been entitled to if he or she performed his or her normal duties during that period.

• In Victoria, the HSR needs to give management at least 14 days’ notice of their choice of course
• In Queensland, the HSR must be trained within six months of being elected
• In all other states and territories, the HSR must make a request to attend training and then be trained within three months of making the request.

Help is available

AWU members are never alone when it comes to health and safety. The AWU provides advice, support and representation through:

• A large network of HSRs and Delegates
• Organisers
• Health and Safety Officers
• Legal and Industrial Officers
• AWU Members Helpdesk in each State and Territory
• AWU website – awu.net.au
• Our publications/posters/flyers
• AWU social media