Health and Safety Representatives (HSRs) primary role is to represent a work group on work health and safety (WHS) matters through ongoing consultation and cooperation between workers and the PCBU.
HSRs are elected by their work group and are not personally responsible for health and safety in a workplace. The responsibility for providing a healthy and safe workplace rests with the person conducting a business or undertaking (PCBU).
HSRs and deputy HSRs are entitled to undertake training and perform their functions within work time.
There are no legislated renumeration requirements within the WHS Act for HSRs, however please refer to individual enterprise agreements to determine what, if any, allowances are made within your organisation.
What are the benefits of HSRs?
Some of the benefits provided by HSRs include:
- a single point of contact for workers raising health and safety issues
- improved efficiency, particularly where there is a large group of affected workers, enhancing the consultation process
- a HSR who has attended an approved training course can exercise certain powers and functions outlined in the WHS Act
- more effective representation, through their training, experience and regular involvement with health and safety matters.
Who can be an HSR?
Any worker of a work group may nominate to be an HSR.
They can be a HSR if:
- they are a member of the work group who elected the HSR, and
- they have not been disqualified from performing the HSR role.
They can only be disqualified from the role if a court or tribunal decides that they:
- used a power or carried out a function for an improper purpose, or
- used or disclosed information obtained for an improper purpose.
A person in a management role can be a HSR if they are a member of the work group and have been elected. However, managers, team leaders, and supervisors have specific work health and safety duties attached to their role and may be put in a difficult position when needing to respond to concerns. It is recommended that this potential conflict be discussed prior to the voting and election of a HSR.
Registering a HSR
All business should register their HSRs with SafeWork SA via the HSR Portal. This will provide the HSR with a unique HSR ID number, required when they register for approved training courses, as well as allowing SafeWork SA to support them as they undertake their role.
Via the HSR Portal, PCBUs can advise of HSR election results, download reports on currents HSRs and view listings by site/location. Approved training providers can also search online to check if HSRs are registered with us or have already attended training within their current term of office.
Powers and functions of an HSR
The primary responsibility for providing a healthy and safe workplace rests with the PCBU. The HSR has a role in representing members of their work group and bringing WHS matters to the attention of the PCBU. Powers and functions given to HSRs under the WHS Act enable them to effectively represent the interests of workers in their work group and to contribute to WHS matters.
HSRs have the following powers and functions:
- represent the workers in their work group in relation to WHS matters
- monitor the PCBU’s compliance with the WHS Act
- investigate WHS complaints from members of the work group; and
- inquire into WHS risks to workers.
- accompanying an inspector during an inspection that affects their work group
The types of WHS matters an HSR may encounter and be consulted on can include but are not limited to:
- asbestos
- bullying and harassment
- electrical safety
- fatigue
- hazardous chemicals
- hazardous manual tasks (lifting, pushing and pulling)
- noise and vibrations
- plant and equipment
- psychosocial hazards
- slips, trips, and falls
- working at heights
- working in heat and other environmental conditions
It is up to the HSR to decide when they will exercise their powers and perform their functions. There are no mandatory obligations on HSRs to do so. HSRs can:
- seek and receive information concerning the work health and safety of workers in a work group
- inspect the workplace where their workgroup works at any time after giving reasonable notice to the PCBU (or without notice in the event of an incident or any situation involving a serious risk to health or safety)
- attend interviews between a work group member or members (with their consent) and an inspector or the PCBU (e.g. after an incident has occurred, for return-to-work purposes or as part of issue resolution)
- direct a work group member to cease unsafe work or issue a Provisional Improvement Notice (PIN) - providing the HSR has completed their initial 5-day training.
Employers must allow HSRs to access information relating to hazards that may affect the health and safety of any work group.
The powers and functions of an HSR are limited to the work group they have been elected to represent unless an HSR from another work group is unavailable and:
- there is a serious risk to health and safety from an immediate or imminent exposure to a hazard that affects or may affect a member of another work group
- a member of another work group asks for assistance
- and the work group seeking assistance relate to that of the HSR.
HSRs are not personally liable for actions or omissions when done in good faith whilst exercising powers or functions reasonably believed to be authorised under the Act. There is no legal duty or obligation for an HSR to perform functions or use the powers set out in the Act.
Deputy HSRs can only represent the workers in the absence of the elected HSR. The election process, term of office, training and other provisions are the same as for HSRs.
HSRs are automatically members of the Health and Safety Committee (HSC) if there is one, unless they do not wish to participate.
Training
HSRs and deputy HSRs are entitled to undertake approved training courses during their term of office.
See our HSR training page for further information.
What is a work group?
A work group is a group of workers that is formed by negotiation and agreement between the PCBU and the workers who are proposed to form the work group.
Forming a work group is the first step to take before the election of one or more HSRs.
Employers must start negotiating with workers and/or their representatives within 14 days of being asked to establish a work group or groups. As reaching agreement can take time, the actual formation of a work group may take longer. The PCBU must negotiate with the Union representatives or any other person that a worker has nominated to represent them. Penalties may apply to a PCBU that excludes a nominated representative from those negotiations.
When negotiating work groups (or variations to existing work groups) you must ensure that workers are grouped in a way that they can raise WHS matters in the most effective and convenient manner, and that the elected HSRs are readily accessible to all workers of the workgroup.
There are a range of matters that must be considered when determining a work group, including:
- the number of workers
- the views of workers
- the diversity of workers
- the different types of work
- the different types of work carried out by the workers
- the areas or places where each type of work is carried out
- the nature of any hazards or risks
- the nature of the engagement of workers, e.g. employees or contractors
- the pattern of work, e.g. full-time, part-time, casual, short-term or seasonal work, and
- the times work is carried out, e.g. night shifts or rotating rosters.
Negotiations need to decide:
- the number and composition of work group/s
- the number of HSRs and deputy HSRs (if any) to be elected, and
- the workplace/s to which the work groups will apply (if there is more than one workplace).
A work group may be determined for workers at one or more workplaces and may include workers carrying out work for two or more PCBU’s.
If negotiations to establish work groups fail, the regulator may be asked to appoint an inspector to decide the matter. An inspector’s decision in such a matter is a reviewable decision under the WHS Act.
Once work groups have been set up, they should remain unchanged, unless the HSR, employer, or representatives negotiate a variation (e.g. due to workforce changes, an organisational restructure or due to noncompliance with regulation 16 and/or 17 of the WHS Regulations).
How is a HSR elected?
A work group chooses how a HSR election will be held, and the person conducting the election (agreed on by the work group) informs the employer accordingly.
This person can be from another work group, but not a candidate in the election, or someone else from outside the workplace can help if this is agreed to by a majority of the work group.
Employers must provide reasonable resources, facilities and support to enable the conduct of the election and display a list of elected HSRs at your workplace.
All work group members must be given the opportunity to vote, so elections may need to be conducted over an extended period.
The term of office for a HSR is three years, unless:
- you resign
- leave the work group
- are disqualified
- the majority of the work group sign a declaration that you should no longer represent them.
Below is a general guide to conducting a HSR election.
Any worker requests the appointment of a HSR
Before conducting an election, work groups must be determined so the number of HSRs needed is known. The employer should advise workers of the outcome of the work group negotiations as soon as reasonably practicable.
The workers, in consultation with the employer, determines the election process. This may be an informal show of hands, or more formal using ballots. If a majority of workers agree, a union, organisation, or other person may assist with the election.
All workers are eligible to nominate a member from their work group or themselves. It is a good idea to place notices in prominently displayed locations with reasonable timeframes to ensure everyone has opportunity to nominate.
Once the nominees are determined, conduct the election following the process chosen by the work group. No election is required if there are an equal number of nominees to vacancies.
The person who conducted the election must advise the employer and members of the work group of the election results.
A HSR term is for 3 years. This generally starts from the day they were elected unless otherwise determined by the workers, employer and elected HSR - such as a HSR being re-elected for a consecutive term in an election held prior to the end of their current term or the election being held at the end of a working week.
As soon as practicable, the employer (or a representative) should register the elected HSR on the SafeWork SA HSR Portal.
Re-election
If a HSR is re-elected, another term of office would begin. Re-elected HSRs have the same training entitlements as newly elected HSRs.
Disqualification
A court or tribunal may disqualify a HSR if satisfied that the HSR exercised a power or performed a function for an improper purpose, or used or disclosed information acquired in the role for a purpose other than in connection with their role as a HSR.
For example, a regulator, a person conducting a business, or a person adversely affected by the alleged behaviour can progress an application for disqualification to the court or tribunal.
The court or tribunal at their discretion may decide to disqualify the HSR indefinitely or for a specified period.
Members of a work group can also disqualify a HSR in writing.
Support and advice
SafeWork SA has a dedicated HSR Advisor who can provide free support and advice to HSRs and PCBUs about:
- HSR powers and functions
- work groups
- electing and registering HSRs
- HSR training and entitlements
- establishing HSCs and their functions
and more
To contact the HSR Advisor, please email HSR.Safework@sa.gov.au
You can also contact our Help Centre (open 9am-5pm weekdays) for general enquiries on 1300 365 255 or help.safework@sa.gov.au
Further information
Work health and safety consultation co-operation and co-ordination - Code of Practice
Consultation and representation at work
Worker representation and participation guide (external site) - Safe Work Australia