In a situation such as yours where your DWG is large and varied, and in workplaces where many hazards are ‘invisible’, arranging to have a team discussion is a great approach.
A couple of weeks is a reasonable amount of notice to give your employer to allow you to exercise your right to speak with DWG members. The OHS Act is not specific or prescriptive about time frames. It does, however, define your right to have time with your DWG under a few different sections – again, not specifically, but in principle.
Your employer has an obligation to you under s.69(1)(d)(i) to allow you to take time away from your normal work as is necessary to exercise your powers as an HSR, and under s.69(1)(e) to provide facilities and assistance necessary to enable you to exercise your HSR powers - see our Facilities and Time Off - OHS Reps page.
Under s.58(1)(a) you have the power to inspect any part of the workplace at which members of your DWG works – this will often require you to be able to speak to the DWG members to gather information – reasonable notice for an inspection is at least 24hrs. Also, at s.58(2)(c) it says that you can only exercise your other s.58 powers in order to enquire into anything that poses or may pose a risk to the health and safety of the DWG – speaking with your DWG qualifies as enquiring into things that may pose a risk.
On an even more basic level in the OHS Act, the principles of health and safety protection at s.4(4) says that employers and employees should exchange information and ideas about risks to health and safety, and at s.4(5) it says that employees are entitled, and should be encouraged, to be represented in relation to health and safety principles. It would be very difficult to represent someone if you are unable to have time to speak with them.
Although there is no provision in the OHS Act for paid time meetings, most workplaces can negotiate arrangements for regular contact between HSRs and their DWG – sometimes with a regular meeting, or often with time added to the end of an existing meeting – for example following an all staff meeting the management leave the room and allow 15-30 minutes for HSRs to speak confidentially with their DWG members. This second approach is often the most workable and easiest to ‘sell’ to management because it maximises the use of time and doesn’t require a stand-alone meeting to be set up.
If your employer refuses to allow this time for you to consult with your DWG, but wants to count management discussions with HSRs as consultation, it could potentially be a breach of s.35 Employer Duty to Consult if they have not allowed the HSR to consult first with the DWG members. The employer has the right to consult only with the HSR, but if the HSR is denied time to consult with the DWG employees it nullifies the purpose of having a representative. Check out the Duty to consult - OHS Reps on our website.
You mention wanting to discuss psychosocial issues. Please remember not every worker will feel comfortable contributing to such discussions in a public forum. It is worth considering some additional ways of communicating with your designated work group – some HSRs set up a chat group for their DWG enabling confidential discussions, hazard identification and requests from all members. There are also tools available here HSR Toolbox - OHS Reps for HSRs to use – for example, having DWG members anonymously complete a Psychosocial Hazard Survey Tool prior to meeting in person can help to identify the main areas of concern and maximise the benefits of your available meeting time, allowing you to focus on your DWG’s priority issues.
