From The Point: Health and Safety Reps – more powerful than you think

Elected Health and Safety Representatives in Victoria and Tasmania have legislated powers and rights to represent the safety concerns of workers. If your workplace doesn’t have a HSR, you’re without a crucial voice for safety.

A HSR has no legal duty to resolve issues, as that responsibility sits with the employer. However the HSR has the right to be consulted about the way the employer identifies and controls hazards within the workplace, as well as powers to compel action on identified health and safety hazards.

Can’t get access to training?

Employers must allow HSRs to attend an approved training course of their choice and pay all costs. The IEU is an approved provider of HSR training.

No Health and Safety Committee at your school?

The HSR can insist on the establishment of a Health and Safety Committee, at least half of the members of which should be employees.

Employer claims they can’t provide information to a HSR because it’s confidential?

HSRs have the right to see all information an employer has about a hazard (apart from medical records without the employee’s consent). Examples of information which a HSR might want to access include camp supervision rosters, safety escalation plans for violent students, risk assessments conducted by external safety consultants, and workplace hazard registers.

Is there a reported hazard still not being addressed despite efforts by the HSR to consult with their employer?

A HSR can issue a Provisional Improvement Notice (PIN) citing the suspected breach of safety law and requiring this be rectified within the specified time frame. If the employer fails to comply or they dispute the PIN, WorkSafe will attend to determine the matter. In the case of serious hazards, a PIN can require that work affected by the hazard ceases.

The HSR has no way of communicating easily with all members of the work group?

Employers must provide facilities and assistance to the HSR to enable them to perform their role. That includes an OHS notice board, access to an all-staff email list, and paid time away from duties to perform the role.

WorkSafe visiting but the employer won’t release the HSR?

HSR have the power to accompany a WorkSafe inspector and are entitled to receive a copy of the WorkSafe entry report following a visit.

An employer makes and communicates decisions about health and safety without consulting the HSR?

Employers must consult with HSRs and provide information to HSRs a reasonable time before providing it to employees and must consider the HSR’s view about the matter before making a decision.

So, if your workplace does not have a properly elected HSR, you’re missing out.

Speak to your IEU organiser about how to get a HSR elected.

HSRs can use their entitlement to training by attending training at the IEU, either a 5-day Initial Training Course or 1-day Refresher Course. See the IEU website for dates and details.