The experience and knowledge of employees can make a significant contribution to identifying and controlling hazards and risks in the workplace by developing preventative measures to address health and safety issues that arise.
To enable this, the OHS Act 2004 requires employers to consult with employees. The Act also provides for the establishment of designated work groups (DWG) and the election of health and safety representatives (HSRs).
To exercise powers and rights as an HSR effectively, it is important that HSRs (and if applicable), any deputy HSR (DHSR) receive training. This will provide HSRs with the skills, knowledge and confidence to represent the members of their DWG.
HSRs have a legal entitlement to attend initial and refresher training if they ask to attend these courses. The employer has an obligation to train HSRs and DHSRs if a request is made. An employer may decide to train HSRs if no request is made. WorkSafe actively encourages HSRs to take up their training entitlements.
HSR training is not intended to train HSRs to be health and safety professionals or to fulfil any employer's obligations in relation to OHS. OHS must be managed by duty holders such as the employer and those with, to any extent, management or control of the workplace. The OHS Act section 58(3) specifically states:?"Nothing in this Act or the regulations imposes, or is taken to impose, a function or duty on a health and safety representative in that capacity"
Although the initial and refresher courses are designed for HSRs and DHSRs, managers, supervisors, health and safety committee members and anyone with an interest in health and safety could also benefit from attending the training.
WorkSafe Victoria believes that the role of the Health and Safety Representative's (HSR) should be encouraged, supported and protected. If you are a HSR you play an important role in helping to keep your workplace safe and healthy.?To assist you in this role, you can receive support and advice from our Health and Safety Representative Support Officers (HSRSOs).
HSRSOs can provide advice and assistance to HSRs and Deputy HSRs by:
clarifying the interpretation and use of Part 4 (Duty of employers to consult) and Part 7 (Representation of Employees) of the Occupational Health and Safety Act 2004 (OHS Act)
meeting with HSR's onsite or offsite or
accompanying an inspector (where appropriate)
helping employers to understand their obligations to HSR's
Advice about workplace hazards and risks cannot be provided by HSRSOs. HSRSOs are not appointed inspectors and cannot make determinations or give advice to inspectors on how to make their determinations.
Are you a HSR that has a question or needs support?
HSRSOs are available via phone, email and face-to-face where necessary. You can contact a HSR Support Officer by emailing?HSRSO@worksafe.vic.gov.au
You can also find more information to support your role as an HSR from the following places:
Industry forums
Health and Safety Committee meetings
WorkSafe HSR Support channel
WorkSafe HSR newsletter
WorkSafe publishes a monthly newsletter for HSRs and employers. The newsletter is tailored to provide relevant guidance, topics and keep HSRs in the loop to help navigate their role in supporting workers on health and safety matters. It also assists employers in understanding their duties and obligations towards HSRs within the workplace
You can sign up for the HSR Newsletter here
https://comms.worksafe.vic.gov.au/link/id/zzzz5c198c95b472b847/page.html?prompt=1&
Other useful links
Understanding the powers of an HSR and the employers’ obligations
https://www.worksafe.vic.gov.au/health-and-safety-representatives
HSR Training information
https://www.hazcon.com.au/health-safety-representative-training.html
The WorkSafe Victoria Handbook - Guidance on Employee Representation can be found here