OHS Reps' Rights and Important Information

The Victorian Occupational Health and Safety Act, 2004 gives rights and powers to elected occupational health and safety representatives, as well as obligations to employers regarding reps.  Here you can find out more about what those rights are.

The most important page on this site is the general overview of your rights as an OHS Rep which you can access here: OHS Rep Rights
 
For a good general reference, see WorkSafe Victoria's publication Employee Representation

Last amended December 2022

OHS Rep's term of office
Can the employer decide how long a rep holds his or her position? No, Section 55 of the 2004 OHS Act now provides a term...
Read More
Multiple reps or deputies - which is better?
What is best? Having a rep and a deputy rep or having more than one rep per designated work group? There is no 'right' answer...
Read More
Should reps be paid to be reps?
Is it appropriate for employers to pay workers/staff in their role as OHS reps? Isn't being an elected rep more or less the same as...
Read More
OHS Reps' Right to Training FAQS
When workers are elected as health and safety representatives or deputies for their designated work groups (DWGs), it is important that they be trained so...
Read More
A death at the workplace
The death of a work colleague from an accident or disease is a tragedy. One of the most important things a union can do is...
Read More
What if inspectors don't visit my workplace?
There are thousands of workplaces in Victoria, and only about 300 inspectors, so while WorkSafe has blitzes and inspectors have the right to visit workplaces,...
Read More
OHS reps - your rights
Occupational (or workplace) health and safety is covered by health and safety laws - in Victoria, this is the Occupational Health and Safety Act (2004)....
Read More
OHS reps and deputies
... what is their role? Elected reps have a crucial role at the workplace... but what is it? And deputies? Page Overview What is an...
Read More
I've been given a duty statement..
..as an OHS rep.  Is that right? The answer is 'no - absolutely not'!  The Occupational Health and Safety Act, 2004 is very clear and unambiguous...
Read More
Employers' duty to consult
The Occupational Health and Safety Act (2004) provides for specific consultation on a wide range of issues with both OHS reps and workers - these provisions...
Read More
HSRs' Right to Training
When workers are elected as health and safety representatives (HSRs) or deputies for their designated work groups (DWGs), it is important that they be trained so that they are...
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 shall: 69(1)(d)permit health and safety representatives to...
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
Resources for OHS Reps
There are many resources on the web specifically for OHS Reps.  Here are just a few of the best:On this website: A PIN: How to...
Read More
Accidents & Incidents - how should a rep react?
Under Section 58(1)(a)(ii) of the Victorian OHS Act (2004), a rep has the right to immediately inspect the workplace in the event of an accident, a...
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
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...
Read More