HSR questions
This page contains questions raised by HSRs and answers provided by subject matter experts, which may be of interest to you
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HSR training
I was recently elected as a deputy HSR. When I asked to attend the introductory training course, my employer said he is not required to send me.
To exercise all your powers and perform all your functions health and safety representatives and deputies are required to attend a five-day initial training course approved by the Work Health and Safety Commission. The PCBU must allow both HSRs and deputies to attend this course and pay course fees and other reasonable costs. You are entitled to your usual pay while you attend the course.
If I am a trained HSR, can I still be an HSR if I move to a new company?
No, HSRs can only perform the functions and exercise the powers of the role for the work group they were elected to represent as per the WHS Act 2020 section 69. If you change company or move to another section in your current work group you cannot represent the new work group unless elected by them.
Do I need to do the training again if I have been re-elected for another 3-year term?
No. HSR training is not mandatory. However, HSRs are encouraged to take up their training entitlement to provide them with the skills and knowledge to perform their role effectively. If the HSR or deputy HSR is re-elected in the same work group and has already participated in initial HSR training, they do not have an entitlement to take time off work with pay to attend the initial training course again. An HSR is, however, entitled to up to one day’s refresher training each year following the completion of the initial training course.
HSR role
Can my employer tell me I have to be the health and safety representative for the workers at my workplace?
NO, the role is completely voluntary, and you must be elected by a work group before you can represent them as a health and safety representative as per Part 5. Division 3 of the Work Health and Safety Act 2020.
Even although I was elected by my work group, my manager told me they don’t want me to be the HSR. Can they have me removed from the role?
No. It takes a written declaration from a majority of the members of a work group to have an HSR removed. An HSR could also be disqualified by the WHS Tribunal for exercising their powers for an improper purpose or for disclosing information they acquired as an HSR for a purpose other than in connection with their role as an HSR.
Your manager needs to be aware the PCBU has several obligations to an elected HSR including providing them with resources, facilities and assistance that are reasonably necessary to enable them to exercise their powers and perform their functions under the WHS Act. The WHS Act also prohibits a PCBU from discriminating against a worker, for example by treating a worker less favourably because that worker is, has been or will be an HSR or deputy HSR.
As an HSR can I be blamed for not preventing an injury at my workplace?
An HSR is not personally liable for anything done or omitted to be done in good faith while exercising a power or performing a function as an HSR. However, HSRs also have duties as workers under the WHS Act. If a worker is elected as an HSR, they continue to have the same duties as other workers.