A HSR is a Health and Safety Representative.

The primary role of a HSR is to represent workers on health and safety matters.

A HSR is not the person responsible for health and safety in a workplace and they are not expected to be an expert on work health and safety (WHS) matters. The responsibility for providing a healthy and safe workplace rests with the person conducting a business or undertaking (PCBU).

A HSR represents workers in their work group (external site) in relation to WHS matters, through ongoing consultation and cooperation between workers and the PCBU.

The role of a HSR is voluntary. There is no budgetary allowance for undertaking HSR duties, however, HSRs and deputy HSRs are entitled to undertake training (external site) and perform their functions within work time. Please refer to individual enterprise agreements to determine what, if any, allowances are made within your organisation.

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.

HSR records

We maintain HSR records online.

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 specific HSR training.

HSRs may attend an initial training course of five days in the first year of office, three days for the second year of office and two days for the third year of office.

Work groups

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 (external site).

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).

HSR elections

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 of time.

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.

Step 1: Request an HSR

Any worker can ask for an election to take place.

Step 2: Negotiate the work groups

Before conducting an election, workers must first determine the work groups.

When forming work groups consider:

  • the number, diversity or grouping of workers undertaking the same or similar work
  • the number and composition of work groups
  • how many HSRs and deputy HSRs are required
  • the workplace/s the work groups will apply.

The employer should advise workers of the outcome of the work group negotiations as soon as reasonably practicable.

Step 3: Call for nominations

All workers are eligible to nominate a member from their work group or themselves to stand for election as a HSR or a deputy HSR. Workers may nominate a worker who has management responsibilities as long as that person is a member of that work group.

When calling for nominations, it is a good idea to place notices in prominently displayed locations with reasonable closing dates, and ensure equitable access if electronically distributing.

Step 4: Conduct an election

After calling for nominations, conduct the election following the process chosen by the work group. The process may be informal via a show of hands, or more formal using ballots. If the majority of workers agree, a union, organisation or other person may assist with the election.

Inform all work group members of the place, day and time for the election. Each member of the work group is eligible to vote in the election.

Work groups do not need to hold an election where there is the same number of nominees as vacancies. Nominees are automatically elected as an HSR for the work group.

Step 5: Notify workers of the election outcome

The person who conducted the election advises the employer and the members of the work group of the election results.

SafeWork SA must also be notified of the elected HSR as soon as possible via the HSR Online Registration 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 discretion may decide to disqualify the HSR indefinitely or for a specified period of time.

Members of a workgroup can also disqualify a HSR in writing.

Support and advice

To help achieve improved consultation and representation in South Australian workplaces, we work with Health and Safety Representatives (HSRs), Health and Safety Committee (HSC) members, Persons Conducting a Business or Undertaking (PCBUs) and workers.

Our Advisory Service can provide free support, advice and information about:

  • forming work groups
  • determining appropriate HSRs
  • electing HSRs and deputy HSRs
  • HSR training and entitlements
  • HSR and HSC roles and functions
  • establishing HSCs
  • promoting the roles of HSRs and HSCs in the workplace.

Our advisors also conduct information sessions for workplaces and groups on HSR and HSC roles and functions, and consultation processes for resolving safety issues.

Upon request, one of our WHS Inspectors can be appointed to:

For help with any of the above please phone us on 1300 365 255.

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