Hi Renata – Our supervisor recently instructed that all use of the DWG all-staff email group would be subject to their approval as to whether a communication is 'necessary, relevant, and suitably framed'. HSRs have asked whether this guidance applies to communications by HSRs on OH&S matters. In the past, HSRs have used this mail list to provide updates to staff in the DWG and to distribute surveys. HSRs are located at three different facilities, so email communication is vital for HSRs to consult with staff in the DWG.We HSRs believe that the OHS Act and WorkSafe strongly suggest that HSRs have a right to communicate directly with staff in the DWG without employers censoring in this way.
Although there is no specific mention of censorship in the OHS Act, you have a strong argument that the intent of the Act to enable free and fair OHS representation for employees is clear and repeated.
- The principles of the OHS Act at s.4(5) state that employees are entitled, and should be encouraged, to be represented in relation to health and safety issues.
- When establishing DWGs to for representation, s.44 tells us that negotiations about the details of the DWG must take into account the need for a HSR for the DWG to be accessible to each member of the group.
- The Guide to Part 7 - Employee representation handbook for workplaces goes on to advise (at page11) that reliable access requires that employees have direct (face-to-face) and indirect (via email or phone) access to an HSR in order to raise any concerns regarding their health and safety, and that they can readily be consulted by the HSR in relation to health and safety matters in the workplace.
- Also, (at page 15) the Guide to Part 7 goes on to explain Why do HSRs need to be readily accessible to the DWG? HSRs are a crucial link between members of the DWG and their employer to ensure that health and safety issues are raised and dealt with in a timely manner and in consultation with employees. Direct access to an HSR can enable members of a DWG to promptly raise health and safety issues and enables the HSR to consult readily with the members.
- Your employer’s obligation at s.69 to provide such other facilities and assistance is further defined in the Guide to Part 7 to potentially include access to a private room, desk and chair for discussions or interviews; facilities for filing, for example a lock-up filing cabinet and shelves; ready access to a telephone, internet, and email, all of which imply that it is reasonable to expect that communications between an HSR and their DWG members remain free of employer censorship.
An employer having access to, and veto rights over, HSR communications with their DWG members is concerning as it may constrain the assumption of confidentiality and ready access that underpins a DWG member’s right to feel comfortable raising safety issues with their HSR and an HSRs right to communicate directly with their DWG members. If your employer is insistent about restricting communications, it may be time for a discussion with them about other ways in which an HSR can communication with DWG members without interference. For example, could the HSR be rostered to visit all the worksites instead to meet directly with DWG member? Your employer is likely to find the prospect of email communications to be a much more efficient option after all.
We are firmly of the view that your request is reasonable. Should your employer continue their attempt to insert themselves in HSR/DWG communications I would advise that you contact your union organiser for guidance, advice and ongoing support in escalating this issue.
I also recommend that you speak with other HSRs at your workplace in different DWGs – if management are trying this in your area, they may well be trying it elsewhere and a collective approach is called for to strongly repudiate their efforts to limit free and confidential HSR communications.
If you have any questions about OHS, we encourage to fill out an Ask Renata query and one of our officials will get back to you shortly. Alternatively give Ask Renatabot a try!