Part 5: WHS HSRs and Safety Committees

Regulatory citation: Work Health and Safety Act 2011 (model law), Part 5, Divisions 3 and 4

What Are Health and Safety Representatives and Committees?

The Work Health and Safety Act 2011 gives workers formal ways to be represented on health and safety matters. Health and safety representatives (HSRs) are workers elected by their work group to represent them. Health and safety committees bring workers and management together to develop and review safety measures. Both are key parts of the consultation framework under WHS law.

Why They Matter

HSRs and committees give workers a trusted voice, help surface hazards early and support the PCBU's duty to consult. HSRs also have specific legal powers that can stop unsafe work when necessary.

Health and Safety Representatives

1. Requesting an HSR

A worker can ask the PCBU to facilitate the election of one or more HSRs. The PCBU must then negotiate work groups with workers and facilitate the election.

2. HSR Powers and Functions

HSRs can represent their work group on health and safety matters, monitor the PCBU's compliance measures, investigate complaints from workers, inspect the workplace (with notice, or immediately if there is an incident or serious risk), accompany an inspector, attend interviews with workers who consent, and request the establishment of a health and safety committee.

3. Training

An HSR is entitled to attend approved HSR training. Under the model regulations, this is an initial course of five days and a one-day refresher course each year. The PCBU must allow the HSR time off to attend, pay the course costs and keep paying the HSR as normal.

4. Directing Unsafe Work to Cease and Issuing PINs

A trained HSR can direct a worker in their work group to cease unsafe work where there is a reasonable concern of a serious risk from an immediate or imminent hazard, usually after first consulting the PCBU. A trained HSR can also issue a provisional improvement notice (PIN) requiring the PCBU to fix a contravention of the Act.

5. PCBU Obligations to HSRs

PCBUs must consult HSRs, give them access to relevant information (except personal medical information without consent), allow them time and facilities to perform their functions, and keep a list of HSRs displayed at the workplace.

Health and Safety Committees

When a Committee Must Be Established

A PCBU must establish a health and safety committee within two months of being requested to do so by an HSR, or by five or more workers at the workplace. A PCBU may also set one up on its own initiative.

Membership and Meetings

At least half the committee members must be workers who are not nominated by management. The committee must meet at least once every three months, and at any reasonable time at the request of at least half its members.

Functions

The committee facilitates cooperation between the PCBU and workers, helps develop health and safety standards, rules and procedures, and performs any other functions agreed or prescribed.

Example: HSRs in Practice

A warehouse team elects an HSR, who completes the five-day training course. During an inspection, the HSR finds that pallet racking in one aisle has been damaged by a forklift. After raising it with management and seeing no action, the HSR issues a provisional improvement notice requiring the racking to be assessed and repaired. Management arranges an engineering inspection, offloads the damaged bays and repairs the racking within the notice period.

Note: This summary is based on the model WHS laws published by Safe Work Australia. Most states and territories have adopted them with minor variations, while Victoria has its own OHS laws. Always check the legislation and codes of practice that apply in your jurisdiction.

Frequently Asked Questions

Does every workplace need an HSR?

No. The PCBU must facilitate an HSR election if a worker requests one, but workplaces are not otherwise required to have HSRs. Many businesses encourage elections anyway because HSRs improve consultation and help meet WHS duties.

Is HSR training mandatory?

HSRs are entitled to approved training, and the PCBU must allow and pay for it when requested. Training is also required before an HSR can issue a provisional improvement notice or direct unsafe work to cease.

How often must a health and safety committee meet?

Under the model WHS Act, a health and safety committee must meet at least once every three months, and at any reasonable time if at least half of its members request a meeting.