Health & Safety Representatives

Functions and Rights

The Occupational Health, Safety and Welfare Act, 1986, states that a group of employees may elect a person to represent them on health, safety and welfare issues. The group of employees is called the work group and the person they elect to represent them is called a Health & Safety Representative.

Health & Safety Representatives have a vital role to play in assisting employees to have health, safety and welfare issues raised. Through their own experience in the workplace, representatives have a practical understanding of the health and safety problems that employees experience and can contribute suggestions about ways to resolve these problems.

Health & Safety Representatives have legal rights and functions to assist them to carry out their role effectively. The OHS&W Act states that employers cannot discriminate against Health & Safety Representatives for performing any of their functions. Any employer who intimidates, dismisses or threatens a Health & Safety Representative may be find up to $20,000. A Health & Safety Representative can only take action on health and safety issues affecting employees in the representative’s own work group.

A Health & Safety Representative is entitled to:

• inspect the workplace at any time after giving reasonable notice to the employer or immediately if there is an incident, dangerous occurrence, imminent danger or risk to the health, safety or welfare of a member of the representative’s work group. The representative must be advised immediately by the employer if any of these things happen.
• during an inspection of the workplace, discuss any matter affecting health, safety or welfare with any employee at the workplace and carry out appropriate investigations
• be accompanied by a consultant (approved by the Minister, the employer or a relevant health and safety committee) in an inspection of the workplace.
• accompany an inspector of DAIS during an inspection of the workplace
• investigate complaints on health, safety or welfare made by employees in the work group
• have access to information about risks to health and safety that may arise, in any work or from any plant or substances, which may affect members of the representative's work group
• have access to information about the health and safety of employees with the employee’s consent
• raise any issue affecting the health, safety or welfare of members of the work group, with the employer
• if requested by an employee in the work group, be present at any interview about health and safety between the employee and the employer or the employee and a government inspector
• be consulted about proposed changes to the work, the workplace, plant or substances used, which may affect the health, safety or welfare of employees in the Representative's work group
• be consulted about policies, practices and procedures on health, safety and welfare, and on any proposed changes to these
• be consulted about any proposed application to DAIS for modification of requirements of any regulation
• issue a default notice to require that action is taken to resolve a health and safety problem
• direct that work cease if there is an immediate threat to the health and safety of an employee in the work group until adequate measures are taken to protect the employee
• be provided with facilities and assistance to enable the Health & Safety Representative to perform his or her functions under the Act.

Health & Safety Representatives do not have any legal liability for their actions, or lack of action on any matter in their role as Health & Safety Representative. However, if a representative is found guilty of using their powers or information obtained, for an improper purpose, the representative may be fined up to $10,000.

It is recommended that HSRs attend training as soon as possible after being elected to enable them to be more effective in their functions.

WorkCover provides support for HSRs through their Workplace Liaison Officer. The University OH&S Unit can also assist HSRs in their role.