What is a health and safety representative?

A health and safety representative is someone who acts on behalf of fellow employees to resolve health and safety issues in the workplace. Elected by their designated work groups, health and safety representatives are the voice of the workplace, monitoring and negotiating for safer working conditions. In this volunteer role, the health and safety representative inspects and reports on working conditions and any incidents that occur in the workplace. In this article, we explain the role of a health and safety representative, their importance in the workplace and how to add this fulfilling role to your resume.

The role of health and safety representatives

The role of a health and safety representative (HSR) is to promote a healthy and safe working environment. To achieve this, a HSR will monitor the workplace to ensure the person conducting a business or undertaking (PCBU) is maintaining a safe space, and encourage communication between people when it comes to safety.  A HSR acts as a liaison between the employers and staff when it comes to health and safety concerns. Part of the role includes representing colleagues in relation to health and safety issues, communicating issues with managers, investigating incidents or potential incidents that could pose a risk to someone’s safety, and inspections of the workplace.

The importance of health and safety representatives

The position of a health and safety representative is significant. It recognises the importance that safety plays in a workplace and how employees should be empowered to establish and maintain the standards of safety in their workplace. Communication between employees and employers is encouraged to maintain safety standards and reduce risks to the workforce.

The Victorian Government passed the Occupational Health and Safety Act 2004 to acknowledge the importance of safety in the workplace. It is a framework for a HSR to work within and offers support for HSRs to fulfil their role. Essentially, a safe workplace lessens the risk of danger and can help employees feel happy and secure. A safe workplace is also good for employers, as it means they won’t risk being fined or shut down for unsafe practices.

Who can be a health and safety representative?

An employee at a workplace, who is a member of a designated work group, can be elected by their fellow employees to become their HSR. Here is more detail on who can be a HSR in a workplace.

• Any employee of a designated work group is eligible to become the HSR. A person can be nominated by their fellow employees. If more than one person is nominated, there will be an election. This election is organised and paid for by the employer.
• You can only be a HSR if you agree to the nomination. Being an HSR is not a position that can be enforced on a person. It is wholly voluntary.
• A candidate must not have been previously disqualified from holding the position of HSR in their current or previous place of employment.
• A person can only be disqualified from this role if a court or a tribunal has decided they used their powers as HSR in an improper way or used and/or distributed information gained as a HSR for an improper purpose.

How to elect a health and safety representative

The Federal Government’s Work Health and Safety Act 2011 made allowances for workers within a business to group together into ‘work groups’ so they could nominate and elect someone to represent them in a health and safety capacity.

There are some formal steps to follow to elect a HSR.

1. A HSR can only be appointed if there is a formal Designated Work Group (DWG). If there are none, employees can negotiate with their employer to establish formal DWGs. An organisation can have as many DWGs as they deem fit, as long as the number has been negotiated in good faith. Working groups must be established within 14 days of the negotiation request from the employees. If there are problems, inspectors from WorkSafe can help assist with negotiations.
2. Once a DWG has been established, or many, a HSR can be elected for each group. The workers in each group nominate a person to be their representative. This person can accept the nomination or refuse. An employer cannot nominate or establish a HSR. It must be chosen by the DWG.
3. The DWG then elects their representative, if there are more than one choice. How that person is elected is entirely up to the DWG. They can have a show of hands or a more formal approach with ballots and anonymous voting.
4. Each work group elects a HSR and an assistant HSR. The election process must comply with the requirements set out in section 5 of the Work Health and Safety Act 2011.
5. When the results are known, the PCBU notifies everyone of the outcome and introduces the new HSR to the work groups.
6. If the number of vacancies for a HSR is 1 and you have only 1 candidate, you do not need to run an election.
7. The term of office for a HSR is 3 years. A HSR may be re-elected after three years or a new election must be held.

Elections for a new HSR are carried out when a new work group is established, when the term of an existing HSR expires or the HSR is no longer employed by the business.

The powers and functions of a health and safety representative

The position of an elected health and safety representative has real powers and responsibilities you must perform, if elected. You will have powers to investigate unsafe workplaces or incidents which occur in your workplace. You will be representing your work group in matters of workplace safety and policy. The powers and functions of a health and safety representative are:

• To represent the employees of the work group in relation to any health and safety matters: The primary function of a HSR is to represent the working group in matters of health and safety. Whenever there is an issue with safety at work, the HSR is there in an official capacity to investigate, report and find solutions to problems. HSRs represent workers in any issue involving health and safety in the workplace.
• To investigate any complaints from work group members about health and safety issues: The HSR must investigate any complaints from workers in relation to health and safety issues. Any complaint lodged must be investigated and reported on.
• To investigate risks to workers. It is the responsibility of the HSR to investigate any health and safety risks to fellow workers in the work group and to assist investigations with other work groups if required.
• Monitor response from the PCBU: Once an issue is raised, it is the responsibility of the HSR to monitor the response from the PCBU to make sure appropriate action is taken. Measures must be taken that comply with the Work Health and Safety Act 2011 in relation to their work group members.
• Be aware of the rules of the Work Health and Safety Act 2011: HSRs must be aware of and understand the WHS Act 2011 to keep a critical eye on the workplace. If a HSR witnesses  any breaches of this act it is their responsibility to investigate and report to employers.
• To seek information concerning Workplace Health and Safety from employees and employers. HSRs are able to seek information relating to an investigation from fellow employees and the employer. They have the ability to conduct an investigation and interview people to produce a full picture of an event that breached health and safety protocols. HSRs also have the right to contact WorkSafe to help with this if  they don’t feel comfortable.
• Inspect the workplace at any time after giving notice to employers. Following a complaint or an incident, HSRs are able to inspect a workspace immediately after an incident, take photos and make a report. They must inform the employer of their intentions. An employer cannot deny a HSR access to a site which has had an OH&S breach. HSRs  are permitted to make audio and video recordings of any workplace where they are employed. If there is an immediate danger to employee safety, you do not have to give notice to an employer.
• Attend interviews between employer and employee after an incident. HSRs are permitted to attend an employee's workplace safety interview if they are a part of their DWG and with consent. They are not allowed to record or take photos while in an interview.
• Accompany an inspector. If an inspector from Worksafe Victoria has come onsite to inspect an area, the HSR is permitted to accompany them, taking photos, measurements and video if necessary.
• To direct an employee to stop working if the situation is unsafe. Once the HSR has completed the HSR Training they have the power to issue an emergency stop-work order if there is a risk to an employee’s safety.

Creating an OHS policy

An elected HSR has the ability to review the current Occupational Health and Safety (OHS) policy, and update it. Alternatively, if there is no policy, the HSR has the power to create an OHS policy for their workplace.

To create an OHS policy, the HSR will speak with the employees who would be impacted by the document. The HSR would ask them what would make them feel safe at work and speak with the employer as well. This document must be agreed to and endorsed by all parties.

As this can be a lengthy and involved process, WorkSafe has online forms to create a document. Alternatively, WorkSafe Australia is always available for assistance.

What is OHS legislation?

The Occupational Health and Safety Act 2004 (OH&S Act) is Victorian legislation which sets out the rights and duties of workplace health and safety in Victoria. It tries to protect the health and welfare of employees and other people, who work at or visit sites of business or enterprise. It also tries to ensure that the public are not put at risk by other work activities.

The Work Health and Safety Act 2011, a federal piece of legislation, works similarly to the Victorian document. All workers are protected by this act, including employees, contractors, apprentices and trainees, students on work experience, volunteers and the general public who may be impacted by work activities.

How to get health and safety representative training

Elected HSRs have an entitlement to attend initial training and any refresher courses required. TAFE Gippsland has a Certificate IV in Work Health and Safety and a number of shorter courses to train and maintain you as a knowledgeable HSR. It is currently included as a Free TAFE course for eligible students.

For further support as a HSR, there is an Australian Government run support  group - the HSR Network. It is a source of regular news, industry updates and support for those new to the role.

HSRs are an important part of any workplace. They represent the employees and play an important role in gathering information, monitoring safety and resolving any health and safety issues. Contact TAFE Gippsland for course information on how to become a HSR today.