What do you know about being an HSR?

Health and safety representatives are workers elected by their work group under the Work Health and Safety Act 2020 to represent workers in work health and safety matters.

HSRs provide the means to give workers a voice in health and safety matters at the workplace and involve workers through participation and consultation.

The primary role of an HSR is to represent the health and safety interests of their work group and to raise any issues with their employer or PCBU, and a worker’s representative.

What are the powers and functions of an HSR?

The powers and functions of HSRs as outlined in section 68 of the WHS Act are to:

• represent the workers in their work group in relation to work health and safety matters.
• monitor the measures taken by the PCBU to comply with the WHS Act in relation to their work group members.
• investigate complaints from work group members about work health and safety issues.
• inquire into anything that appears to be a risk to the health or safety of work group members, arising from the conduct of the business or undertaking.

The WHS Act gives additional powers to HSRs only after they have completed HSR training. Additional powers for trained HSRs include:

• issuing Provisional Improvement Notices (PINs) to address a health or safety problem.
• directing a worker to cease work that would expose them to serious risk arising from an immediate or imminent exposure to a hazard. This supports the existing right for a worker to cease work in this situation.

Requesting relevant information

An HSR may request that the PCBU provide information necessary for the HSR to perform their functions or exercise their powers. This includes information related to:

• hazards at the workplace and the associated risks
• the health and safety of workers (except personal information, unless the worker gives consent).

Inspecting a workplace

An HSR may, at any reasonable time, enter and inspect any area of a workplace. The HSR must give notice to the PCBU of an intended inspection, unless they are inspecting the workplace in the event of an incident or any situation involving serious risk to the health or safety of a worker.

The PCBU must also allow an HSR to accompany a WorkSafe inspector during an inspection of the workplace.

Attending interviews

With the consent of the workers involved, an HSR may attend an interview concerning work health and safety between a worker (or group of workers) that they represent and a WorkSafe inspector or the PCBU.

The inspector may refuse to allow the HSR to be present if they believe that their presence would prejudice the maintenance of the law.

Protections for HSRs

A person or a business cannot discriminate or take other negative steps against a person because of their involvement in workplace health and safety. The WHS Act protects a worker’s involvement in workplace health and safety when acting as an HSR.

HSRs are not personally liable for anything done or omitted to be done in good faith when exercising a power or performing a function under the WHS Act or for anything done that they reasonably believed was authorised under the WHS Act.

Ceasing to be an HSR

An HSR’s term of office is for three years. HSRs can be re-elected multiple times. There are a number of situations where a person can cease to be an HSR,

• resignation – an HSR can resign at any time by giving written notice to the PCBU.
• completion of three-year term – HSRs cease to hold office if they are not re-elected.
• cease to be a worker in the work group they were elected to represent.
• removed from the position – by the majority decision that the work group no longer want the HSR to represent them.
• disqualified as an HSR under section 65 of the WHS Act.

Is an HSR paid for carrying out their role?

Being an HSR is a voluntary role. HSRs are entitled to spend as much paid work time as is reasonably necessary to exercise their powers and perform their functions under the WHS Act.

Who can assist an HSR?

An HSR can request the assistance of any person. This may be a person with additional knowledge of work health and safety, either within the workplace (for example, another HSR) or someone who does not work at the business or undertaking (for example, a health and safety consultant or a union official).

The aim of this power is to enable HSRs to access advice if this is required to assist in carrying out their powers and functions. For example, an HSR may require assistance about:

• how to perform inspections at the workplace.
• technical advice to deal with a particular hazard or issue.
• how to negotiate agreed procedures.

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