Can my employer decide how long an HSR holds his or her position?
No, Section 55 of the 2004 OHS Act now provides a term of no more than three years for elected health and safety representatives, although a different, shorter term may be agreed by the DWG or determined by an inspector. Generally though, three years should be considered the 'norm'. For reps in place when the Act came into effect on July 1, 2005, the three years commenced on that date.
The employer has no role in deciding the length of a rep's term of office.
What can we do if our HSR isn't working out?
If the DWG is not happy with their elected rep - if they feel that the rep is not very active - then they can replace them. In order to do this, however, a majority of the DWG's members must resolve, in writing, that the person should no longer represent the DWG - and this can only be done if the person has held the position for at least 12 months.
At s.55(2)(d) the OHS Act states – “…a person ceases to hold office as a health and safety representative for a designated work group if … a majority of the members of the designated work group resolve (in writing) that the person should no longer represent the designated work group but only if the person has held office for at least 12 months”.
Before taking this step, it's recommended that the members of the DWG raise the issue with the elected rep to discuss their concerns. It may be that the rep wants to keep the position and is prepared to be more active.
This is an action that cannot be initiated by the employer
Is there a specific process or template the DWG should use to remove the HSR?
No - the members of the DWG can determine the process used to establish “the majority”. For this determination to be in writing each member would need to sign a document to the effect that they have lost confidence in the HSR and wish to elect a replacement – these could be individual statements or a group statement with signatories named. There is currently no existing documentation or template to help in this situation, but a simple dated statement should suffice.
What else should be considered before removing an HSR?
- Before removing an HSR it is important that there is another DWG member who is ready and willing to nominate for election as the replacement HSR – without this assurance the DWG will be left unrepresented. Having on hand copies of both the OHS Reps publication Getting OHS Representation Right - A Guide for Workers, and WorkSafe’s Guide to Part 7 - Employee representation handbook for workplaces will help to give the DWG members a clear understanding of the role and how representation works so that they may be encouraged to step forward to be the next HSR.
- Check that the DWG members have good reason to wish to remove their current HSR from the role. Some DWG members do not understand the HSR role or the legislation and become frustrated when their HSR will not or cannot act on all of their concerns. Check that the DWG members are not expecting the HSR to take actions that are not within the scope of their role and powers.
- If the DWG members’ concerns about the current HSR are valid, arrange for someone to have a quiet chat with the HSR about the concerns. The HSR may wish to step up and do a better job. Or they may elect to resign their HSR role as per s.55(2)(c). Taking this path can avoid workplace division and allows the HSR to save face. Of course, if the HSR is a “management pick”, and that is the cause of the issue that the DWG members are objecting to, then this approach will clearly not work.
Consider the alternative approach of negotiating a variation of the DWG agreement. Many DWGs were established long ago and are overdue for a review to determine whether they are still adequately serving the requirements of s.44 Negotiation of agreement concerning designated work groups and considerations of s.46 Matters to be taken into account of the OHS Act.
Does the DWG structure still “best and most conveniently enable the interests of those employees relating to occupational health and safety to be represented and safeguarded” and “best take account of the need for a health and safety representative for the designated work group or groups to be accessible to each member of the group”? How many HSRs does the DWG require? Has the nature of the work or hazards, or the arrangement of work locations or shifts changed?
It is important to review DWGs regularly to ensure that the arrangements are still appropriate and effective, and if not, then to renegotiate the DWG agreements. The first step is to ask your employer for a copy of the DWG agreement – they should have this in writing as per s.44(4). You can use the OHS Reps DWG Record Template as a guide to the details that should be on record. If the DWG members believe that the current DWG agreement (if one exists that was negotiated with employees) does not adequately serve the purpose of representation, they may request their employer to begin negotiation to vary the agreement. The employer will have 14 days to ensure that negotiations begin – see s.43(3).
Renegotiating the DWG agreement will void existing arrangements and necessitate an HSR re-election.
And remember, if for any reason an election must be held, it is up to the members of the DWG to determine how the election should be conducted. If they cannot agree any member of the DWG may ask the Authority to arrange for an inspector to either conduct the election or appoint another person to do so. In general, the employer should have no role in conducting an election for health and safety representatives.
Contact your union's OHS officer or Ask Renata for more information and advice.
Last updated September 2025