Dear Renata
I have had a PIN refused by WorkSafe. The inspector said this was due to it being an issue at one of my employer’s locations, away from ‘headquarters’ in Melbourne, where there is a separate DWG. But members of my DWG regularly work there, spending long periods of time at this other location. The inspector claimed that only an HSR at that location and of that DWG can issue the PIN. Is this correct?
As a result, I have withdrawn the PIN, but the risk is still there, and both my DWG members and I are still very concerned.
No, I do not believe this is correct. An HSR can raise issues that affect their DWG members and if your members are working in an area or location where there is something that is putting their health or safety at risk, then you have the right to pursue it.
The Act provides a definition of a ‘designated work group’: ‘a group of employees established under Division 1 or 2 of Part7’ – that is, a DWG is not a location, but the group of employees represented by the HSR.
Under s58(1)(a) the OHS Act specifically gives HSRs the right to “inspect any part of a workplace at which a member of the designated work group works..”
This begs the question: Why would this be the case unless the HSR is then able to take any OHS issue/hazard/risk to the employer for resolution?
The OHS Act gives HSRs the right to raise OHS issues with their employer, irrespective of where in the workplace they occur, so long as they affect members of their DWG. The Act gives HSRs the right to pursue the issue if it is not resolved – by seeking the assistance of any person, by contacting WorkSafe, by issuing a PIN, or even, in some circumstances, by directing that work cease (s74).
Generally, these powers and rights are limited to the HSR’s own DWG – remembering that a DWG is the group of employees the HSR represents. However, in some circumstances, another DWG, another group of employees can ask an HSR who is not their own HSR to assist them. This is explained in s59 of the OHS Act.
I believe this is where the inspector has mis-interpreted the OHS Act. My advice to you: re-issue the PIN, seek assistance from your union to attempt to have a clear discussion with the inspectors before they make their decision.