Hi Renata – My employer is asking me, as the newly elected HSR, to conduct workplace inspections and do risk assessments and report back to management. I know that I can conduct inspections if I want to on behalf of my DWG, but can my boss make me do their inspections?
You are correct – you can use your s.58 powers to conduct inspections of your workplace, but your employer should be conducting their own inspections and risk assessments. Indeed, if your employer is requiring you to undertake these inspections because you are the HSR, they are likely to be contravening the OHS Act.
Employers have a duty at s.21 of the OHS Act to provide a safe workplace and systems of work – how they achieve this is not legislated. Using a routine risk management process (i.e. identify hazards, assess level of risk, implement controls and review controls) is a commonly adopted practice that allows employers to maintain a safe workplace – this process is supported and encouraged by WorkSafe.
HSRs have no duties additional to their s.25 duty as an employee. This is clarified at s.58(3) - Nothing in this Act or the regulations imposes, or is to be taken to impose, a function or duty on a health and safety representative in that capacity.
The voluntary role of an HSR is to represent the members of the DWG with regard to health and safety in the workplace – it is not to perform tasks and duties for the employer that should be performed by an OHS officer or manager.
If your position description does not include these specific safety activities and your employer wants to use you as an HSR to perform mandatory safety management tasks, then you should have a discussion with them about your job role (classification and remuneration). Sharing WorkSafe’s Guide to Part 7 - Employee representation handbook for workplaces with your employer can be helpful to their understanding of the HSR role and powers.
Of course, the powers bestowed on an HSR by s.58 gives them the power and right to conduct their own inspections and risk assessments should they choose to, however this does not supplant the need for the employer to manage their own safety business.
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!