Electing HSRs

A work group is determined by negotiation and agreement between the PCBU and workers (or workers’ representatives). Work groups may be formed for workers carrying out work for more than one PCBU at more than one workplace. Each work group will be represented by one or more HSR.

This negotiation will decide the:

• number of work groups
• composition of the work groups
• number of HSRs and deputy HSRs in each work group
• workplace/s the work groups will apply to
• businesses or undertakings the work groups will apply to (where there are multiple businesses)
• determine how the election is to be run, including if the election is a tie.

Negotiations should aim to group workers in a way that:

• effectively represents the WHS interests of workers
• makes an HSR readily accessible to each worker in the work group
• considers the:
  • number of workers
  • views of workers
  • types of work carried out
  • number and grouping of workers who carry out the same or similar type/s of work
  • areas/places work is carried out, and how much workers move from place to place while at work
  • diversity of workers and their work
  • nature of hazards and risks to health and safety at the workplace
  • employment arrangements (whether workers are employees, contractors, full-time, part time, casual or short-term, and any overtime or shift work arrangements)
  • times work is carried out.

The PCBU must inform workers of the outcome of the negotiations, and the determined work groups.

If negotiations fail, anyone affected may ask the regulator to appoint an inspector to determine the work groups.

The workers in a work group may decide how the election of HSR/s for the work group is conducted.

The person conducting the election must take all reasonable steps to ensure:

• the relevant PCBU/s are informed of the election date as soon as practicable after it is decided
• all workers in the work group have the opportunity to:
  • nominate for the position of HSR
  • vote in the election
• all workers in the work group and relevant PCBUs are informed of the outcome of the election.

A worker is eligible to be elected as an HSR for a work group if they:

• are a member of that work group, and
• has not been disqualified from being an HSR under s. 65 of the WHS Act.

A person in a management role can be an HSR if they are a member of the work group and have been elected. However, managers, team leaders and supervisors often 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.

If the number of candidates for election as an HSR equals the number of vacancies, the election does not need to be held and each candidate is taken to have been elected as an HSR for the work group.

An HSR for a work group holds office for three years unless they:

• resign from the HSR role by giving the PCBU written notice
• stop being a worker in the work group
• are disqualified under section 65 of the WHS Act
• are removed from the position by a majority of the members of the work group.

HSR functions and rights include:

• representing the workers in their work group in relation to work health and safety matters
• monitoring the measures taken by the PCBU to comply with the WHS Act in relation to their work group members
• investigating complaints from work group members about work health and safety issues
• inquiring into anything that appears to be a risk to the health or safety of work group members, arising from the conduct of the business or undertaking.

In exercising a power or performing a function, HSRs may:

• inspect the workplace where their work group works at any time
  • after giving reasonable notice to the PCBU
  • without notice in the event of an incident or any situation involving a serious risk to the health or safety of a person emanating from an immediate or imminent exposure to a hazard
• accompany an inspector during an inspection of any part of the workplace where their work group works. Inspectors must, as soon as practicable after entering a workplace, take reasonable steps to notify the relevant PCBU as well as any HSRs of their entry and its purpose
• attend interviews between one or more work group members and an inspector or the PCBU.
• request the establishment of a health and safety committee
• receive information concerning the work health and safety of workers in the work group (but not personal or medical information about a worker without the worker’s consent)
• whenever necessary, request the assistance of any person.

An HSR can only use these powers for the work group they represent, unless the HSR for another work group at the workplace is unavailable and:

• there is a serious risk to the safety and health emanating from an immediate or imminent exposure to a hazard, or
• a member of another work group asks for assistance.

An HSR is not personally liable for anything done or omitted in good faith while performing their role.

Only if an HSR has completed the approved HSR training they can in some circumstances:

• direct a worker in the work group to stop unsafe work if they reasonably believe workers would be exposed to a serious risk to their health and safety
• issue a Provisional Improvement Notice (PIN) if they reasonably believe there is a contravention of the WHS Act.