A common question from HSRs is about their right to access time to exercise their HSR powers – “My boss says that I only have four hours a month for HSR work”, “I don’t have time in my workday for HSR activities”, “How much time is appropriate for HSR tasks?”
We talk a lot about your powers as an HSR – today we will talk about your rights, starting with your right to take the time you need to carry out the role of an HSR.
Although there is nothing specifically in the OHS Act or Regulations to impose a minimum amount of time that employers must allow, under section 69 of the OHS Act your employer has an obligation to allow HSRs to take such time as is necessary to exercise their powers.
Section 69 of the OHS Act imposes an obligation on employers to allow HSRs to “take such time off work with pay as is necessary” by agreement to exercise their HSR powers or take part in training covered by s.67.
The level of demand for HSR activities in any workplace varies depending on the number of people in the DWG, the number of HSRs and the number and type of hazards in the workplace. Negotiation with your employer can look at each of these variables to determine whether they have the HSR ratio right for the number of employees and hazards.
These rights support you in enacting your HSR powers –
- You have the right to an initial training course of 5 days and an annual 1-day refresher.
- You have the right to choose the provider of your training course.
- You have the right to collect evidence of health and safety issues including photos, measurements, sketches and recordings.
- You have the right to undertake inspections
- You have the right to accompany a WorkSafe Inspector during their visit to the workplace.
- You have the right to raise OHS issues with your employer for resolution by an agreed process.
- You have the right to expect your employer to consult with you regarding OHS issues.
- You have the right to seek the assistance of any person – this includes your union.
- You have the right to attend OHS meetings with any member of your DWG as their representative if the consent.
- You have the right to escalate issues if your employer is not responding satisfactorily – that could include your union or WorkSafe.
Read more - OHS reps - your rights
OHS Reps' Rights and Important Information
