The Importance of Health and Safety Representatives

Understand what HSRs can do for your workplace

Employers in Victoria are required by law to identify, eliminate, or control workplace safety risks in consultation with their employees. Establishing a Health and Safety Representative (HSR) network is a good way to help address these issues. HSRs can assist employers in facilitating communication between employers and employees. They can make a significant difference in assisting employers in achieving better workplace health and safety outcomes.

The Occupational Health and Safety Act of 2004 (OHS Act) recognises the critical role that health and safety representatives (HSRs) play in representing employees’ health and safety interests, stating that:

• Employees have the right and should be encouraged, to be represented on health and safety issues.

• Employers and employees should share information and ideas about health and safety hazards, as well as measures that can be taken to eliminate or reduce those hazards.

HSRs should be encouraged, supported, and protected in their roles. We promote the formation of designated workgroups (DWGs) and the appointment of HSRs in the workplace. While employers are responsible for providing a safe workplace, HSRs play an important role in keeping workplaces safe.

HSRs have certain powers under the OHS Act and the Occupational Health and Safety Regulations 2017 (OHS Regulations). They impose no additional duties beyond those imposed on all employees in a workplace under Section 25 of the OHS Act. The Act also allows HSRs to be trained so that they can perform their duties effectively.

The OHS Act empowers HSRs to raise and resolve occupational health and safety (OHS) concerns with their employers, as well as to enforce compliance with the OHS Act and OHS Regulations. On occupational health and safety issues, concerns, and interests, HSRs represent their Designated Work Group (DWG).

HSRs can help with communication and consultation, as well as serve as a vital link between employers and employees. It is critical for HSRs to have the time and opportunity to develop consultative, positive relationships with those who surround them and with whom they interact as HSRs.

HSRs must have easy access to the employer (or their representative) and DWG employees to discuss OHS issues as they arise. This time will differ between workplaces and situations. HSRs must not be penalised in any way for accepting the role of HSR.

HSRs should be paid as if at work when exercising their powers as an HSR, accessing their entitlements, or performing any of the functions granted to them by the OHS Act, including shift or other allowances to which an employee is entitled.

Consultation with health and safety representatives

Consultation is key to the success of the role of health and safety representatives (HSRs). One of the objectives of the Victorian Occupational Health and Safety Act 2004 (OHS Act) is to encourage greater involvement and cooperation on occupational health and safety (OHS) issues between employers and employees, including HSRs.

Employers must consult with health and safety representatives about workplace health and safety issues. HSRs make communication and consultation easier. They serve as a vital link between employers and employees and can aid in the achievement of better health and safety outcomes in the workplace.

The participation of HSRs and DWG members provides valuable experience and knowledge in identifying hazards, assessing risks, and developing workable solutions, resulting in safer workplaces. Actively involving HSRs and employees in decision-making can also result in a stronger commitment from employees to put agreed-upon decisions into action.

Employers are required by the OHS Act to consult with employees about OHS issues that affect them. If there is an HSR, they must be consulted, whether or not the employees are directly involved. Employers must seek advice when:

• identifying or assessing hazards and risks
• deciding how to control risks
• deciding about the adequacy of facilities for employees
• deciding about procedures to resolve OHS issues, consult, monitor health and workplace conditions and provide information and training
• deciding the membership of health and safety committees
• proposing changes that may affect the health or safety of employees to any of the following:
  • the workplace
  • plant, substances or other things used in the workplace
  • the work performed at the workplace
• any other thing prescribed by the regulations

Many organisational decisions and actions have implications for health and safety. For example, introducing new equipment into the workplace may have an impact on the tasks that employees perform, the steps involved in performing the work, the timeframes for performing the work, how employees interact with one another, and the environment in which they work. Employees may also face new or different health and safety hazards or risks, such as manual handling or fatigue.

Consultation entails providing employees and HSRs with the opportunity to influence health and safety decisions and actions taken by their employer. Informing people about decisions after they have been made is not consultation.

Employers must do the following when consulting with a HSR about health and safety issues:

• Employers must share all relevant information involving employees’ health and safety with employees and HSRs for a consultation to be meaningful.

• Provide information on time so that employees and HSRs have enough time to think about it, discuss it, seek advice, and then provide feedback to their employer.

• Employers must provide this information to HSRs a reasonable time before it is provided to employees unless it is not reasonably practicable.

• Employees and HSRs should be able to easily understand information. Employees and HSRs may require technical guidance on workplace hazards and risks (plant, equipment, and substances), as well as information on how to organise work – systems, data reports, procedures, and guidance material.

• Information should not be withheld solely because it is technically complex or may be difficult to comprehend.

• Employees and HSRs should be given adequate time to process and seek advice on any information provided to them.

• Employers should also be able to consult with employees from diverse cultural or linguistic backgrounds.

Employees and HSRs must be given the opportunity to voice their concerns about health and safety issues. Employers in organisations with HSRs must invite and meet with HSRs, or meet with HSRs at their request. Depending on the topics to be discussed, there may be more than one meeting. Employees and HSRs have the ability to ask questions, express concerns, propose options, make recommendations, and participate in the problem-solving process.

Employers must consider the perspectives of employees and HSRs. Employers must respond to concerns and questions raised by employees and HSRs before making a final decision, as well as provide feedback to employees and HSRs on options considered. They should justify their final decision.

While employers, HSRs, and employees should strive for agreement through the consultation process, an agreement is not a required outcome under the OHS Act. Finally, it is the employer’s responsibility to identify hazards and control risks in the workplace. Following consultation, once a final decision is reached, the employer must notify the HSR.

Why should you consult?

Involving your employees in health and safety issues can lead to a safer workplace, which you should promote. People who understand and do the work provide input on hazards, risks, and solutions. People who are involved in decision-making are more likely to stick to them. Health and safety communication can also foster cooperation and trust between employers and employees.

When identifying or assessing hazards or risks, deciding how to control risks, deciding on employee welfare facilities such as dining facilities, change rooms, toilets, or first aid, deciding on procedures to resolve health and safety issues, consulting with employees on health and safety monitor employees’ health and working conditions, or provide information and training, when determining the membership of any workplace health and safety committee, when proposing changes that may affect workers’ health or safety (such as changes to the workplace, plant, substances, or other things used in the workplace, the work performed at the workplace), and when doing anything else prescribed by OHS regulations.

You must consult with employees who are or are likely to be directly affected by any of the health and safety issues listed above, to the extent practicable. If there is a health and safety representative (HSR), you must consult with them. Giving employees the opportunity to shape their employer’s health and safety decisions and actions is what consultation entails. Informing people about them later is not consultation. In your workplace, you and your employees may have agreed on consultation procedures. If you do, you must abide by these rules.

The following must be included in any consultation.

Share information

Your employees (and HSRs if you have them) must be informed about health and safety issues that may affect them. Allow them sufficient time to think, discuss, and provide feedback. Unless it is not reasonably practicable, you must provide this information to HSRs a reasonable time before it is provided to employees.

Employees and HSRs should be able to easily understand the information provided. They may require information such as technical guidance on workplace hazards and risks (plant, equipment, and substances), as well as information on how work is organised (systems, data reports, procedures and guidance material). Don’t withhold information simply because it is technical or may be difficult to understand – your employees should be given time to process and seek advice on any information they have been provided. Have a way to consult with employees from culturally or linguistically diverse backgrounds.

Give employees the chance to express views

Allow employees and HSRs, where available, to express their opinions on health and safety issues. Encourage them to ask questions, express concerns, suggest alternatives and make recommendations. They must be involved in the problem-solving process.

Face-to-face meetings are frequently preferable, but they are not always possible. If the OHS Manager is in Melbourne and the manager and members of an affected designated workgroup (DWG) are at a regional site, a teleconference may be required. If there are HSRs, you must meet with them to discuss the situation. You may require more than one meeting.

Respond to employees’ and HSRs’ concerns and questions before making a final decision. Explain what options were considered and why the final decision or action was taken.

Other ways to consult

Other appropriate methods for consulting with employees about health and safety exist. Regular face-to-face discussions or meetings, such as toolbox talks, DWG meetings, production meetings, or team meetings, can be used. Meetings or face-to-face discussions may be the best way to consult if your workplace is small and there are no HSRs. Depending on the nature of the workplace, a combination of arrangements may be appropriate.

If a DWG has elected HSRs, the HSRs must be involved in any consultation that affects or is likely to affect the health and safety of DWG members.

Health and safety committees (HSCs)

An HSC is an effective way to address broad health and safety concerns that affect all employees in a workplace. It brings together HR representatives, employees, and employer representatives. HSCs can improve and disseminate health and safety knowledge through discussions, policy development, and the distribution of meeting minutes and reports.

If a HSR requests the establishment of an HSC, the employer must do so within three months. At least half of an HSC’s members must be employees, and if possible, HSRs or Deputy HSRs.

Employee representation: A comprehensive guide to Part 7 of the Occupational Health and Safety Act 2004

This page introduces WorkSafe’s guidance, Employee representation: A comprehensive guide to Part 7 of the Occupational Health and Safety Act 2004 can be found here.

Occupational Health and Safety and Other Legislation Amendment Act 2021

Information about changes in the Occupational Health and Safety and Other Legislation Amendment Act 2021 which became law on Wednesday 22 September 2021to Occupational Health and Safety and Other Legislation Amendment Act 2021 can be found here.

New Powers of Health and Safety Representatives

Information about the powers of health and safety representatives (HSRs) to take photographs, measurements, sketches or recordings can be found here.

Source: Health and safety representatives – WorkSafe

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Disclaimer:

The information in this post is strictly for informational and educational purposes only and should not be construed as legal advice. It is not intended to express specific opinions about specific cases. Before acting on any of the issues discussed in this post, seek additional advice. The information provided should not be relied on for any purpose other than to assist you to understand how Workers’ Compensation insurance works. It is for illustrative purposes only and My WorkCover Solutions Pty Ltd does not accept liability for any loss or damage suffered by any person resulting in any way from the use of or reliance on, the information provided. The information in this article is believed to be correct as of the date of publication. However, changes in the applicable laws may have an impact on the accuracy of the material. This article contains general information that is not tailored to any specific person’s situation. This publication may contain information that relates to the regulation of Workers’ Compensation insurance in your State or Territory. To ensure you comply with your legal obligations, we would recommend you refer to the appropriate legislation as currently in force in the State or Territory you conduct your business. You can find up-to-date legislation by visiting each state’s WorkCover Authority website, alternatively contact myWorkCover for updated information.