Dear Renata
My workplace has over 50 employees, but more than this, our workplace is a complex site, with many members of the public there every day, and with issues such as drainage and asbestos.
My question is: Is one HSR sufficient? I am the HSR, and there is a deputy, but they have not had any HSR training.
What sort of training do they need? Is it the 7 day initial HSR training?
I hope you can help?
The easy bit first: The deputy HSR is entitled to, and should absolutely do, the 5-day initial training course that HSRs do, as well as the annual refresher training. This is a right under s57 of the Act.
Section 57(3) of the OHS Act makes it clear that the term of office applies to deputy health and safety representatives in the same way as they apply to health and safety representatives.
They are entitled to, and should, complete an initial course with their Union, or through VTHC’s own HSR Training Unit. They must give at least 14 days’ notice – so I highly recommend getting on to it asap.
Now the other issue is whether one HSR for your worksite is enough.
The ‘starting point’ is there needs to be a least one HSR position per DWG. Anything more, or changing the DWGs is a matter for negotiation and agreement between the employer (or employer’s rep) and the employees.
Your options under the OHS Act are as follows:
- Leave as is, that is, one DWG with one HSR and one deputy HSR, who needs to be trained. The drawback is that the deputy HSR can only act in the role if the HSR is unavailable.
- One DWG with more than one elected HSR (with or without deputies)
- More than one DWG, meaning an HSR for each DWG (with or without deputies)
You need to think about what would be preferable and would work better. Consult the employees and your union. If you go for either Option 2 or 3, this is in effect a variation of the DWG and must be negotiated and agreed. The establishment (and variation) of DWGs is covered under sections 43-46 of the Act. Section 44(3), states: “The parties to an agreement concerning a designated work group or groups may, at any time, negotiate a variation of the agreement.” Several factors must be taken into account when negotiating (or renegotiating) DWGs including:
- the number of employees
- the nature of each type of work performed at the workplace
- the number and grouping of employees who perform the same or similar types of work or who work under the same or similar arrangements
- the areas at the workplace or workplaces where each type of work is performed
- the nature of any hazards
- any overtime or shift working arrangements
- whether any other languages are spoken by the employees
You can nominate someone (eg your union organiser or OHS Officer) to represent you in these negotiations.
Check these pages on the site: Designated Work Groups ; DWGs – how big is too big? And Renegotiating DWGs. VTHC. VTHC have also recently published a DWG Negotiation Tool to guide HSRs and workers through the negotiation process and create a record of what is agreed.
