FAQs for OHS Reps

Here are a range of Frequently Asked Questions of relevance to elected health and safety representatives - if you need more advice on any of these issues, then Ask Renata.

Can a worker be dismissed for OHS reasons?
There is nothing in OHS legislation that covers the dismissal (or 'sacking') of an employee. Warnings and dismissals are covered under the Fair Work Act...
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DWGs - How big is too big?
There's no real answer to this, as the size of a Designated Work Group (DWG) depends on a number of work-related and worksite specific factors....
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Discrimination and harassment
.. what are they? What do these terms mean? What is discrimination? Discrimination means treating someone differently, usually less favourably, because of some personal characteristic...
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Discrimination for OHS reasons
Section 76 of the OHS Act prohibits an employer from dismissing an employee, discriminating against an employee or treating an employee less favourably because that...
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Facilities and Time Off
What is an elected OHS Rep entitled to? The Victorian Occupational Health and Safety Act, 2004 states that the employer must 69(1)(d) permit health and safety...
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I've been given a duty statement..
..as an OHS rep. Is that right?   The answer is 'no - absolutely not'!  This also applies if your employer has 'directed' you to undertake...
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Inspectors and PINs
Under the OHS Act, an elected rep has the right to issue a person with a Provisional Improvement Notice (PIN) if a person is contravening...
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My PIN is cancelled - what can I do?
If a rep issues a PIN, then it's clear the OHS problem is real and not resolved using the issue resolution as per the OHS...
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Privacy legislation
Does it affect my rights as an OHS rep? The simple answer is NO. The rights you have under the Victorian Occupational Health and Safety...
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Renegotiating DWGs - who should be involved?
Is the decision of forming another DWG or not, or changing the current DWGs, best made in collaboration with employers, employees and existing OHS rep/s?...
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Volunteers in the workplace
- are they covered by OHS Legislation? Under Victoria's OHS legislation, volunteers are NOT employees* - in fact, under the 2007 OHS Regulations, the definition...
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Workers and medical appointments
Does the employer have the right to attend a medical appointment with a worker? The short answer is NO. Unions are becoming increasingly concerned with...
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