Major construction projects

Health and safety representatives play a key role in the consultation process outlined in the Work Health and Safety Act 2011.

The construction industry is a high risk industry when it comes to workplace health and safety. The nature of the work and the culture of the workplace are both contributing factors to the construction industry's relatively poor safety record.

Changes to the Work Health and Safety Act 2011 and Work Health and Safety Regulation 2011 commenced on 1 January 2019 to improve the safety in the construction industry by enhancing consultation and collaboration.

These changes are limited to major construction industry projects, which are defined as projects with a contract price of $5 million or more. The changes do not apply to single dwelling residential construction projects.

Consultation

Enhancing consultation and collaboration in the ACT construction industry is an important public safety matter which requires regulatory mechanisms to ensure compliance with the safety duties and obligations to achieve a workplace standard that puts the health and safety of workers first.

The new requirements under these changes imposes an obligation on the principal contractor of a major construction project to:

• consult with workers and their representatives in the establishment of work groups;
• consult with an eligible union, which is based on the type of workers present at the workplace, for the purpose of obtaining advice in relation to the number and composition of work groups and numbers of Health and safety representatives. This is a consultation requirement separate to the negotiations that would then happen with workers regarding the agreement of work groups
• require election and training of health and safety representatives; and
• require the election and training of health and safety committees.

This will ensure a consistent approach to safety consultation, participation and training on major construction projects. In particular, the training of health and safety representatives and health and safety committee members on major construction projects and educating workers about health and safety obligations under the Work Health and Safety Act 2011 will assist in identifying and addressing risks in the workplace.

The Work Health and Safety Construction Work and Consultation, Cooperation and Coordination Codes of Practice sets out a range of measures on the importance of consultation in the workplace.

Notice of requirement to consult

Before work commences on a major construction project, the principal contractor must provide written notice to the eligible unions by completing the Notice of requirement to consult with each eligible union for the major construction project form.

Refer to the list of eligible unions page for full contact details.

The notice includes the following information:

• the number and composition of work groups to be represented by health and safety representatives; and
• the number of health and safety representatives and deputy health and safety representatives.

The union must respond to the principle contractor with 14 days of receipt to notice by completing the Response to notice of consultation with eligible union form. If the union fails to respond to the notice it is deemed that the principal contractor has met its obligation to consult.

Penalties may apply if the principal contractor does not comply with the requirement to consult.

Powers and function of health and safety representatives

Health and safety representatives have a major role to play in representing members of their work group and bringing issues to the attention of the person in control of a business or undertaking.

The Work Health and Safety Act 2011 sets out specific powers and functions that a health and safety representative can perform in the interests of the workers they represent.

If a health and safety representative or deputy health and safety representative, represents a work group of workers carrying out work for multiple businesses, costs associated with exercising their power and functions will be apportioned equally between the parties unless agreed otherwise. An agreement to apportion the costs can be varied at any time by negotiation and agreement between the relevant parties.

Health and safety representatives that have not completed training cannot direct workers in their work group to cease work if there is reasonable concern that to carry out the work would expose workers to a serious risk. Untrained health and safety representatives can perform all other functions.

Further information can be found on the health and safety committees page.

Election of health and safety representatives and work groups

Health and safety representatives are elected by workers to represent the interests of members of work group in terms of work health and safety matters. Health and safety representatives and deputy health and safety representatives must be elected by members of the work group they will represent.

Further information on the election process of HSRs can be found on the health and safety committees page.

A work group usually consists of workers who perform similar types of work and have similar health and safety conditions within the workplace.

The principal contractor must facilitate the election of one or more health and safety representatives and determine by negotiation the number of work groups to represent workers within 14 days of commencing work of a major construction project.

At the time of creating a work group the following matters may be considered:

• the number of work groups and health and safety representatives
• the views of workers in relation to the determination and variation of work groups
• nature of each type of work carried out by workers
• the number and grouping of workers who carry out the same or similar types of work
• the areas or places where each type of work is carried out
• the extent to which any worker must move from place to place while at work
• the diversity of workers and their work
• the nature of any hazards and risks
• how workers are employed e.g. full-time, casual, contractor
• the times at which is carried out
• any arrangements relating to overtime or shift work.

Parties to an agreement concerning the determination of a work group can negotiate a variation at any time and must include consultation with the relevant work group health and safety representative.

If the principal contractor or workers cannot agree on the work groups or commence negotiations within a reasonable time, any party may ask the Regulator to appoint a work safety inspector to resolve and decide matter in dispute.

Work groups can be formed where there are multiple businesses on one or more sites. Formation of multiple work groups should be by negotiation and agreement that focuses on:

• the number and composition of work groups
• the number of health and safety representatives and deputy health and safety representative
• the workplace location/s of work groups
• the business or undertaking to which the work groups will apply.

The principal contractor must notify workers of the outcomes of any agreements or variation/s to a work groups as soon as practical.

Further information can be found on the election process on the health and safety committees page.

Health and safety representative training

The principal contractor for a major construction project must allow each health and safety representative and deputy health and safety representative paid time off to attend an approved work health and safety training course. Training should be arranged within a period of three months after the election and the principal contractor must pay the course fees and any other reasonable costs associated with the health and safety representative's attendance at the training.

If there is a dispute in relation to the training, a work safe inspector will be appointed to decide the matter.

For approved training providers, please refer to the health and safety committees page.

Maintaining a list of health and safety representatives

Keeping a list of health and safety representatives enables workers to find out who can represent them if a work health and safety issue arises. To ensure the list is readily accessible to workers, the principal contractor must display the list in a place that is accessible to all relevant work groups such as on a notice board.

The principal contractor or person conducting a business or undertaking must notify WorkSafe of health and safety representatives and deputy Health and Safety representative as soon as practicable after an election has occurred by completing the Notification of HSR's online form.

Exemptions

The principal contractor can apply to the Regulator for an exemption from complying with one or more of the following:

• consultation with eligible unions
• election of health and safety representatives
• negotiations for agreement for work groups
• obligation to train health and safety representatives
• requirement to establish a health and safety committee
• obligation to train health and safety committee members

Guidance Note - Health and Safety Representative Election Process (PDF 212.8KB)