Hi Renata – Some of our DWGs are without HSRs. Our employer has announced that they will be taking over our nomination process, the election of HSRs and the education of HSRs. They also plan to add more DWGs so there will likely be more unfilled HSR positions, and we are concerned that management want to cherry-pick their preferred people for those roles.
Your employer’s announcement that they will be taking over your HSR nomination process, the education of HSRs and the election of HSRs, as well as varying DWGs is very concerning – they should know that the OHS Act states it is up to the DWG to determine the election process. If you have this ‘announcement’ in written form, please go ahead and contact your union with this evidence of intent to undermine the intent of the Act. Also, send your employer an email requesting that they commence consultation on this matter immediately – you can use our Consultation Email template. This is useful evidence to unequivocally establish that you have attempted to consult.
DWGs are established or varied according to Part 7 Division 1 of the OHS Act – s.43(2) tells us that the particulars of DWGs are to be determined by negotiation between employer and employees. According to s.44(1) DWG negotiations must address the need for DWGs that best and most conveniently enable the interest of those employees to be represented and safeguarded and best takes account of the need for an HSR for the DWG to be accessible to each member of the DWG. Check out our OHS Reps pages Designated Work Groups, Renegotiating DWGs – who should be involved? and DWGs – How big is too big?
Matters that can be considered during the DWG negotiations include the number (at least one) of HSRs for each DWG, the number (if any) of DHSRs for each DWG, the term of office (not more than three years), and whether the HSR for the DWG will also be authorised to represent independent contractors or their employees.
Once the specifics of DWGs have been agreed by negotiation your employer needs to notify all workers in writing of the results – you can also record the outcome on our DWG Record Template.
If your employer does not respond to your request by negotiating in good faith on the variation to DWGs I urge you to contact WorkSafe and request that an inspector visit to make a determination as per s.45 of the OHS Act. I would also recommend contacting your union directly for support in managing the issue so that they may be present to assist.
Section 53 of the OHS Act prohibits your employer from attempting to coerce anyone around the formation or variation of DWGs.
The election of HSRs is covered in Part 7 Division 3 – s.54(1) tells us that HSRs for a DWG must be elected by the members of the DWG, and the means of election are to be decided by the DWG members.
A person is only eligible to be nominate for election as an HSR if they are a member of that DWG – all, and only, members of the DWG are entitled to vote in an election.
The employer’s only role in elections is to assist and enable them to occur. Once HSRs have been elected employers must post an up-to-date list of HSRs where employees can freely access it. Check our OHS Reps HSR pages beginning at Health and Safety Representatives, which gives an overview of the process and an HSR & Deputy HSR Election Record Tool to record the results.
With regard to HSR training, s.67 of the OHS Act gives HSRs the right to choose the provider of their HSR training (within reason) in consultation of the employer – as a last resort, a WorkSafe inspector can make the determination. Your employer cannot substitute their own training course and cannot dictate the choice of HSR training provider.
All of these topics are explained very well by the WorkSafe publication Employee representation: A comprehensive guide to part 7 of the OHS Act. I recommend a copy for your employer and a couple for the staff lunchroom.
The right to employee representation in workplace health and safety matters is a hard-won right that we must collectively work to protect at all costs. Trades Hall has written a comprehensive guide for workers that goes over the essentials of OHS for workers such as safe systems of work, employee representation, forming DWGs, electing HSRs and issuing PINs. Download Getting Representation Right – A workers’ guide to occupational health and safety and share it with your coworkers.