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.
FAQs for OHS Reps
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...Read More
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....Read More
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...Read More
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...Read More
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...Read More
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...Read More
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...Read More
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...Read More
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...Read More
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?...Read More
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...Read More
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...Read More