Hi Renata - I have a question around HSR's using their powers outside their DWG. For example, if an HSR works in retail in one particular suburb and that particular retail store is their DWG - can they use their powers outside that suburb’s store to address an immediate safety risk in their employer’s store in another suburb if there is not a current DWG or HSR in that store?
Most of an HSR’s powers are covered in s.58(1) of the OHS Act. At s.58(2) it tells us that an HSR can only use their powers to represent the members of the DWG (or contractors, labour hire workers etc. if authorised), or to enquire into anything that poses or may pose a risk to the health or safety of members of the DWG the HSR represents. Refer to our OHS Reps page Health and safety representatives for more information about HSRs.
However…
s.59 expands on that jurisdiction if there is an immediate risk that affects a member of another DWG, or if a member of another DWG asks for your assistance, and it is not feasible to refer the matter to that DWG’s HSR – for example, they are not present or available, or if the DWG/area is currently unrepresented.
In the event of being asked to assist in another DWG because their own HSR is not available, it is important to document exactly why and how the other HSR is unavailable before exercising your HSR powers. For example, should you need to issue a PIN on behalf of another DWG you must be prepared to be scrutinised by management or a WorkSafe inspector as to the validity of your jurisdiction and why it is “not feasible” for the DWG’s own HSR to take action.
It is also worthwhile to note that if any of your DWG members occasionally or regularly work at another location you are entitled to exercise your powers with regard to any hazards at that other location that may impact your DWG member. This extends to, if a member of your DWG is involved in an incident at another location, the right to conduct an inspection of the incident area immediately, if it is reasonably practicable to do so.
It is always a good practice to consult with your workplace’s other HSRs and where possible approach OHS issues collectively, particularly where a hazard may impact more than one DWG.