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PCBUs have general obligations to HSRs
Persons conducting a business or undertaking are responsible for supporting health and safety representatives. Access tools, guidance, and assistance to effectively support HSRs and build a safer workplace.
PCBU obligationsConsultation and worker representation
While PCBUs are responsible for making decisions regarding health and safety, they don’t always have a full understanding of the finer detail or subtleties of the work or working conditions. To help improve this understanding, it is important that PCBUs engage in consultation with their workers.
Engaging with workers
Consultation is a collaborative process between PCBUs and their workers. It involves sharing information about work health and safety and ensuring that views of workers are taken into account when making decisions about health and safety at the workplace.
Given the importance of consultation in contributing to work health and safety, the WHS Act prescribes a general duty to consult.
Consultation with workers
PCBUs must, so far as reasonably practicable, consult with workers who are likely to be directly affected by health and safety matters. This includes giving workers a reasonable opportunity to express their views or raise issues about work health and safety at the workplace.
If there is an agreed consultation procedure then the consultation must be in accordance with those procedures.
If an HSR represents workers, the consultation must involve the HSR.
When must a PCBU consult with workers?
A PCBU must consult with workers and take their views into account when:
- identifying hazards and assessing risks arising from work
- proposing changes that may affect the health and safety of workers
- whenever specifically required to do so under particular regulations
and when considering making decisions about:
- ways to eliminate or minimise risks
- the adequacy of facilities for workers’ welfare at work
- procedures for consulting with workers
- procedures for resolving health and safety issues
- procedures for monitoring the health of workers or workplace conditions
- how to provide health and safety information and training to workers.
The views of workers must be taken into account when consulting under these provisions.
Workers who have been consulted under these provisions must be advised of the outcome in a timely manner. There is no particular way this advice must be given — for example, it could be given at a ‘toolbox’ meeting or posted as an intranet news item.
What are workers entitled to?
Workers are entitled to:
- elect an HSR if they wish to be represented by one
- request the formation of a health and safety committee
- cease unsafe work in certain circumstances
- have health and safety issues at the workplace resolved through an agreed issue resolution procedure
- not be discriminated against for raising health and safety issues.
What are health and safety representatives?
A health and safety representative is a person elected by a work group they are a member of to represent the health and safety interests of the group.
Any worker can ask the PCBU they are doing work for to facilitate the election of one or more HSRs for the workplace. There can be as many HSRs and deputy HSRs as needed after consultation, negotiation and agreement between workers and the PCBU.
Once determined, the PCBU must keep a current list of all HSRs and deputy HSRs for the workplaces and display a copy at the relevant workplace.
Under the WHS Act 2020 the term of office for HSRs is three years.
PCBU assistance
Essential tools and resources for fostering health and safety and support HSRs
Electing HSRs
Anything you need to know about work groups and electing health and safety representatives
Health and Safey Committees
Discover the essential role and functions of the health and safety committee
Keeping a list of HSRs
PCBUs are legally obligated to maintain a list of health and safety representatives
PCBU resources
Explore a range of posters, tools and animations to support HSRs
Publications
Essential resources for managing work health and safety
Contact us
Contact us for assistance with HSR related matters
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PCBUs must allow health and safety representatives and deputies to attend an approved HSR training course, pay course fees and other reasonable costs.
HSRs are entitled to their usual pay while they attend the course.