Following on from the HSR Conference we have had variations of the same very important question recurring from across the State – “How do I know who is in my DWG?”
This problem is a lot more common than people may think. Over time employee numbers expand or retract, sites open or close and roles change. Knowing who is in your DWG is fundamental to performing your HSR role effectively. For your workmates, knowing who their HSR is and how to contact them is equally important.
A joint understanding of who is (and isn’t) covered by a DWG allows everyone to agree on:
- Who is and isn’t able to stand as an HSR
- Who should and shouldn’t be voting on each HSR vacancy
- Who the HSRs are and aren’t entitled represent (subject to s.59 requiring HSRs to only exercise their Part 7 powers in respect of matters that affect, or may affect, members of their DWG (except in certain limited circumstances).
- Who the HSRs should be consulting with to ensure they can effectively represent members of their DWG
- Which measures taken by the employer affecting the DWG should be monitored
- Which complaints/queries the HSRs have the ability to investigate
- Whether there is an ability to issue a PIN about a contravention of the Act
- Whether an HSR is required to be consulted on a matter under s.35 (see r.21)
Under s.44(2), if agreement was reached on establishing one or more DWGs, the employer needed to have established the DWG by giving written notice to employees. Indeed, a failure to have done so is a contravention of the Act!
Section 69(1) of the OHS Act 2004 require employers to provide HSRs with information the employer has relating to the health and safety of members of their DWG. If you are unsure of the composition of your DWG. A good place to start is by requesting the document that was distributed under s.44(2).
If there is any vagueness, disagreement, or the document cannot be found then this should be resolved in a variation of DWGs in accordance with the Act. The agreed variation needs to be recorded and issued in writing by the employer to all affected employees. A great way to prevent confusion about DWGs is to use our HSR Tool DWG Record Template Tool.
Read more: Designated Work Groups - OHS Reps