Hi Renata – My employer has told me I only have four hours per week to attend to HSR matters. He has given me a list of safety tasks to do in that time (weekly audit checklists, PPE stock-takes and admin tasks for our safety manager) and has told me which safety issues I am “allowed” to discuss with my DWG members.
First, let’s address the task list – your employer cannot direct you to undertake any safety tasks that are their responsibility and absolutely cannot limit the safety matters that you may discuss with your DWG members.
The OHS Act is very clear and unambiguous on this - HSRs have an important role in the workplace and are given powers under s.58 to fulfill that role, but your role is a voluntary one - to be the voice of the DWG. Employers have duties and obligations to HSRs and employees.
A task list implies that your employer believes elected reps have duties as representatives - and this is not the case. 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'.
A HSR is elected by members of their DWG and is the DWG’s representative, not the employer's. He or she must satisfy those members and is answerable to them. In terms of duties under the OHS Act, an elected representative has the same duties as any other worker - no more, no less. These are specified in s.25 of the Act – Duties of Employees. Workers must:
- Take reasonable care for their own health and safety
- Take reasonable care for the health and safety of others who may be affected by their acts or omissions
- Cooperate with anything the employer does to comply with OHS requirements.
- Not 'intentionally or recklessly interfere with or misuse' anything provided at the workplace for OHS
Next, we look at the time limit placed on your HSR work - your employer has an obligation to allow you to take time away from your usual work to attend to HSR matters and cannot cap that time.
Under s.69(1)(d)(i) of the OHS Act, employers have an obligation to release HSRs on paid time to exercise their powers under the Act. There is no limitation in the Act or the Regulations on how much time an HSR can spend exercising their powers. The time an HSR requires to attend to safety matters is going to differ from workplace to workplace and will very much depend on the nature of the hazards present at that workplace. You can find comprehensive information about the powers of on HSR which require time to carry out at our OHS Reps Facilities and Time Off page.
HSRs do not have to obtain permission to exercise their powers for the purposes of discharging or performing their role as an HSR. There is no requirement in the Act for manager approval when taking time 'off task' to exercise your HSR powers or consult with your DWG. You are only obligated at s.58(1)(a) to give them reasonable notice before undertaking and inspection, which is distinct from requiring their authorisation.
Negotiating time to attend to HSR matters can be difficult if your employer is hostile to the concept, and I recommend that you speak with other HSRs in your workplace so that you can approach this issue collectively. Consistency across the company in how HSRs are treated is ideal. Also, how much time you need to spend attending to safety matters varies from one workplace to the next, and even within divisions of the same workplace – largely it comes down to the nature of the work and the hazards faced, the culture around safety and HSRs in that workplace, and the number of HSRs and DWGs.
I recommend that you and your employer review the WorkSafe publication Guide to Part 7 - Employee representation handbook for workplaces – page 55 in particular covers the matter of time away from usual work to attend to HSR activities. Check also to see if your company has any policy around HSRs or if there is anything in your Enterprise Agreement about representation. Should your employer continue to obstruct your ability to perform your HSR role you should contact your union organiser for further guidance and support.
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!