Hi Renata – I am a new HSR at a small manufacturing business - we have never had an HSR before. What can I expect from my boss in relation to me performing this role and how much time do I get to do it?
Congratulations on your election as an HSR. The first, and arguably most important, thing that your employer should be doing for you right away is ensuring that you receive quality HSR training to better understand the scope and powers of the HSR role.
Your employer has an obligation at s.67 of the OHS Act to allow you paid time to attend a WorkSafe approved five-day Initial HSR training course (and in the future, a one-day refresher) with the training provider of your choice (so far as is reasonable). They must cover your costs for the training, including travel or accommodation if required, and any additional costs. You must give your employer at least 14 days’ notice of your intent to undertake HSR training.
Although there is no requirement in the Victorian OHS Act for HSRs to receive training before they are able to fully utilise their HSR powers, completing the training as soon as possible after your election will enable you to be sure that you have a full understanding of the OHS legislation as well as how and when to exercise your powers correctly. It will give you confidence to act effectively in representing your designated work group (DWG) members and provide an opportunity for you to network with other HSRs.
Your Union may well offer HSR training and we encourage you to contact them to find out more. Alternatively, we recommend checking the courses available at our Victorian Labour College where you can find high quality WorkSafe Approved HSR training that is practical and solution-focused, delivered in multiple locations around Melbourne’s suburbs and regional Victoria.
If your employer tried to send you to a course that you are not comfortable with, you have the right to ask WorkSafe to come and mediate. Help and advice may also be available from a union delegate or organiser.
Your employer has additional obligations to HSRs defined at s.69 of the OHS Act. Your employer must allow you to:
· have access to information relating to actual or potential hazards and the health and safety of DWG members. This includes results of workplace monitoring, reports, statistics and so on. The exception to this access is personal medical information – if there is an issue that cannot be resolved without your accessing such private information, you must have the consent of the individual to view that information. Examples of the types of information you can access include:
- incident, injury or investigation records
- inspector entry reports and notices
- results of occupational hygiene measurements taken in the workplace, for example, noise levels, dust emissions, manual handling assessments or chemical fumes
- minutes of health and safety committee (HSC) meetings
- technical specifications of plant, equipment, substances, etc.
- be present at interviews with DWG members (if they consent), and the employer and/or an inspector concerning a safety matter.
· take such time off work as is necessary to exercise your HSR powers. There is nothing specifically in the OHS Act or Regulations to impose a minimum amount of time that employers must allow - the level of demand for HSR activities in any workplace varies depending on the number of people in the DWG, the number of HSRs and the number and type of hazards in the workplace.
Under s.69 your employer also has an obligation to provide such other facilities and assistance as are necessary to enable you to exercise your HSR powers. Examples of the types of facilities and assistance include access to a private room, desk and chairs for meetings, facilities for filing confidential documents, access to a telephone, computer, internet, email etc.
For further detail about what your employer’s obligations to HSRs you can refer to our OHS Reps site and our publication Getting OHS Representation Right - A Guide for Workers. WorkSafe also publishes a guide to employee representation in their Guide to Part 7 - Employee representation handbook for workplaces.
Other important sections of the OHS Act that impact your ability to perform your HSR role include s.35 Consultation and s.58 Powers of HSRs.
Under s.35 your employer must consult with employees about safety matters, and where those employees are represented by HSRs, those HSR must be included in the consultation.
It is also important that your employer understands the HSR powers that you have under s.58 including to inspect the workplace, take photos and videos if necessary and accompany a visiting WorkSafe Inspector.
One final and important point – your role is a voluntary one, to be the voice of your DWG. Section 58(3) of our OHS Act states: 'Nothing in this Act or the regulations imposes, or is to be taken to impose, a function or duty on a HSR acting in that capacity'.
An employer cannot require you to do anything when acting in your capacity as HSR, nor can other employees.
A HSR is elected by members of their DWG and is the DWG’s representative, not the employer's. The HSR must satisfy those members and be answerable to them.
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!