Powers and functions of HSRs

Under the Work Health and Safety Act 2011 (WHS Act), health and safety representatives (HSRs) are workers who are elected to represent the health and safety interests of workers in their work group.

The responsibility for providing a healthy and safe workplace rests with the person conducting a business or undertaking (PCBU). However, HSRs play an important role in representing members of their work group and bringing WHS issues to the attention of the PCBU.

To be elected, an HSR must work within the work group they will represent. More information on work groups and elections is available in the Work Groups and Elections section of the toolkit.

Being an HSR is a voluntary role, with a term of up to three years. HSRs may serve subsequent three-year terms if re-elected.

Powers and functions under WHS legislation

HSRs have specific powers and functions under WHS legislation, including the ability to:

represent workers in their work group in matters relating to WHS

monitor the PCBU’s compliance with the WHS Act

investigate WHS complaints from work group members, and

inquire into risks to the health and safety of workers.

The WHS Act specifies that an HSR may:

inspect the workplace:

at any time after giving reasonable notice to the PCBU, or

without notice in the event of an incident involving a serious risk to health and safety

accompany an WorkSafe ACT inspector during an inspection

attend interviews between their work group members (with the consent of at least one member) and a WorkSafe ACT inspector, or the PCBU

request a health and safety committee to be established

receive information about the health and safety of workers in their work group

request the assistance of any person whenever necessary

request a review of a control measure if the duty holder has not adequately reviewed it

direct a work group member to cease unsafe work (if trained to do so and in certain circumstances), and

issue a provisional improvement notice (if trained to do so and in certain circumstances).

There are no mandatory obligations for HSRs to exercise any of the above powers.

The above powers and functions generally relate to the work environment, work, and workers within the HSR’s work group. However, if the HSR or deputy HSR of another work group within the same business or undertaking is unavailable, another HSR may exercise powers or perform functions for that work group if:

there is a serious risk to health or safety, or

a member of that work group requests their assistance.

For information on what PCBUs must do to support HSRs in performing their powers and functions, see the PCBU Responsibilities for HSRs section of the toolkit.

Deputy HSRs

In the absence of the HSR, a deputy fulfils the role and has the same powers and functions.

Deputy HSRs are subject to the same conditions as HSRs in relation to:

term (3 years)

elections (see the Work Groups and Elections page)

grounds for disqualification or removal (see the Work Groups and Elections page).

liability, and

entitlement to training.

Representing health and safety

HSRs do not need to be safety experts, but can help raise their work group's views, insights and concerns to the PCBU, and work with them to identify the best control measures for the workplace.

There is no prescribed framework for how HSRs must represent their work group. The frequency of meetings, consultation processes, and discussion topics should be collaboratively determined and agreed between the HSR and the workers.

The WHS Act does not impose mandatory obligations or duties on HSRs to manage the risks in the workplace or implement control measures (as this is always the responsibility of the PCBU). However, if an HSR chooses to be involved in health and safety matters, they should consider the risk management process as outlined in the How to Manage Work Health and Safety Risks Code of Practice and the Managing Psychosocial Hazards and Risks Code of Practice.

Where a WHS concern arises, all persons involved should communicate, consult and cooperate to resolve the matter. HSRs may become aware of WHS matters from:

concerns raised by their work group

identifying hazards during workplace inspections, and

PCBUs consulting with them.

An example of how HSRs can support safety in the workplace is outlined below.

A worker raises a concern with their HSR about fatigue resulting from excessive workload assigned through their existing automated system. The HSR raises this concern with the PCBU. The PCBU then consults with the workers and the HSR about possible control measures and incorporates their feedback into proposed changes. The PCBU informs the workers and HSR about the outcome of their consultation, including updates to policies and procedures that allow workers greater control over the pace of their work instead of using automated work allocation. The HSR then observes the changes, and in consultation with the work group, agrees that the concern has been resolved and notifies the PCBU.

A WHS matter should be treated as an ‘issue’ if it is not able to be resolved through the general consultation process. For further information, see the Issues Resolution section of the toolkit.

HSR training

It is not mandatory for HSRs to undertake training. However, HSRs are encouraged to access their training entitlement to develop the skills and knowledge needed to perform their role effectively.

HSRs can only issue provisional improvement notices (PINs) and direct workers to cease if they have been trained to do so and have satisfied the legislative requirements. Untrained HSRs can still perform all other functions. Further information can be found link to PIN and Cease Unsafe Work page.

HSR training consists of a five-day initial course, with an option of an annual one-day refresher course. Further information can be found in the Health and Safety Representative Training section of the toolkit.

Liability of HSRs

An HSR cannot be held personally liable for any act or omission done in good faith while exercising a power or performing a function under the WHS Act. Acting in good faith means exercising powers and functions honestly and sincerely.

HSRs also have duties as workers under the WHS Act. Where a worker is elected as an HSR, they continue to have the same duties as other workers and must:

take reasonable care of their own health and safety

take reasonable care not to adversely affect the health and safety of others

comply with any reasonable instructions given by the PCBU to enable the PCBU to meet its duties, and

co-operate with any reasonable workplace health and safety policy or procedure.

For information on the disqualification or removal of HSRs, see the Work Groups and Elections section of the toolkit.