Hi Renata – Can our manager be the HSR?
This is a good question. Under the OHS Act the primary eligibility requirement for an HSR is that they must be a member of the Designated Work Group (DWG) that they represent. The Act itself doesn't explicitly exclude managers from becoming HSRs.
The DWG is formed by agreement between the employees and employer and the particulars should have been distributed in writing per s.44(2) of the Act. This document may have been lost to time, but good OHS practice would mean your employer has it on file. If not, consider confirming your joint understanding by filling in our DWG Record Template.
Whilst it is possible under the OHS Act for a manager or supervisor to be an HSR (if they are a member of the DWG, are elected by the DWG members and have not been disqualified from acting as an HSR), having a manager or supervisor as an HSR can create an actual or perceived conflict of interest.
A manager or supervisor who is elected as an HSR could be placed in an awkward or problematic position when, for example, attempting to resolve OHS concerns raised by DWG members, while at the same time, being required to act in their management or supervisory capacity with the responsibility to respond to and action OHS concerns on behalf of the employer.
Further, the WorkSafe publication Guide to Part 7 - Employee representation handbook for workplaces states that a person nominated by the employer as their representative for the purposes of resolving health and safety issues must not be an HSR. Where an employer has not nominated a representative and that undertaking falls on a manager, then that manager must not be an HSR.
Of course, depending on the level of control, having a manager as the HSR may also cause some discomfort for workers. Just as a manager, even with limited duties, may face conflicts between management responsibilities and worker representation, workers in the DWG may also not feel comfortable raising OHS concerns with a manager as their HSR, potentially undermining the effectiveness of the role.
If the manager is currently covered by the DWG, I would consider whether the manager's duties create conflicts with HSR responsibilities and if so, whether it is feasible to renegotiate the DWG to exclude managerial roles. That being said, if the election process is truly democratic and workers feel free to vote according to their preferences and they elect their manager, then this reflects the workers' choice.