Hi Renata – An HSR of another DWG at my workplace was pulled into a 1:1 meeting with their manager for sending out a psychosocial survey, saying that the manager should have been "consulted" before sending the survey out. Can you provide more insight into this and what to advise them around HSR rights and duties?
Thank you for your questions about HSR’s conducting psychosocial surveys of DWG members. We are always pleased to hear that HSRs are using surveys to identify invisible hazards in their workplace.
There is no requirement for HSRs to seek management approval before circulating a psychosocial health survey among their DWG members. Consultation between HSRs and their DWG so that the HSR can effectively represent DWG members is a core principle of the OHS Act and part of an HSR’s role. It is, of course, useful to maintain a constructive working relationship, but if your employer attempts to prevent you from this form of consultation with your DWG members there are actions you can take.
Under s.58(1)(a) of the OHS Act HSRs can inspect areas where members of their DWG work:
- Immediately if there has been an incident or imminent risk to the health and safety of any person
- At any time, but only after giving the employer reasonable notice
For the purposes of s.58, a psych hazard survey is a form of inspection if being undertaken in work time.
There is also no requirement under the Act that taking time ‘off task’ to exercise your powers and survey your DWG is subject to your manager granting approval. You are simply required to give them ‘reasonable notice’ which is very different from needing their authorisation.
It should also be noted that an employer also has no authority to prevent employees or HSRs from completing surveys outside of working hours.
Refer to WorkSafe's Employee Representation Guide for further details about HSR inspections. Our OHS reps and deputies webpage also provides useful information for employees about HSR rights and powers.
It is our view that psych health surveys are best conducted directly by the HSR with strict confidentiality and anonymity. When it goes through management hands many employees feel uneasy about truthfully answering the questions, thus rendering the results unreliable or incomplete.
It is worth noting that under s.58(1)(f), an HSR has the power to seek assistance from any person whenever necessary. This assistance can come from within the workplace, such as another HSR, a deputy HSR, another member of your DWG, or externally from someone with sufficient knowledge of occupational health and safety, like your Union’s OHS Officer. This power enables HSRs to access support in carrying out various tasks, including workplace inspections, such as your psych survey. The HSR is empowered to choose the person who will provide assistance. In certain situations, more than one person's assistance may be necessary.
It may also interest you to know that an HSR is entitled to have a list of the members of their DWG, including contact details, in order to fulfil their role of representing those employees by communicating directly with them rather than having communication filtered through management. If you and other HSRs in your workplace have not been given access to up-to-date lists of DWG member contact details, have a look at our Ask Renata where we hear directly from an HSR about how they successfully secured their right to access a DWG member contact list.