Employers duties in relation to HSRs

admin • October 13, 2025

Health and Safety Representatives (HSRs) play a pivotal role in ensuring the well-being of employees in the workplace. Employers have specific legal obligations under the Occupational Health and Safety Act 2004 (OHS Act) to support and collaborate with HSRs. Knowing and understanding these duties are not just about compliance, they are about fostering a culture of safety and mutual respect in the workplace.


Who Are HSRs?

HSRs are workers elected by their peers to represent their health and safety interests. They act as a bridge between employees and employers, ensuring that safety concerns are raised, addressed, and resolved effectively. Their role is vital in creating a safer, more inclusive workplace. It is important to understand that HSRs are workers who volunteer to represent their co-workers. They have powers under the OHS Act, but they do not have duties. However, the employer does. Here are some of them...


Key Employer Duties Toward HSRs

Employers in Victoria must actively support HSRs to enable them to perform their roles effectively. Below are the primary duties employers must fulfill:


1.Allowing HSRs to access information.

Employers must allow HSRs to access information relating to their Designated Work Group (DWG) relating to:

  • The health and safety of members of their DWG
  • Actual or potential hazards in the workplace

Employers are required to share information related to workplace hazards, risks, safety measures and incidents with HSRs. This transparency helps HSRs make informed decisions and advocate for worker safety effectively.


2. Allow HSRs to be present at interviews

HSRs must be allowed to represent a member of their DWG (whether an employee or contractor), if the member provides consent. This includes meetings or interviews with the employer, employer's representative or an inspector.


3. Allow HSRs to have time off work with pay

The employer must provide paid time for the HSR to

  • Do any work which involves them exercising their powers under The Act
  • Completing any WorkSafe approved training (with 14 days notice)


4. Providing facilities and assistance

The employer must enable the HSR to exercise their powers by providing any facilities and assistance required.


5. Allow access of persons providing assistance to HSRs

The HSR can request the assistance of any person to resolve and OHS issue and this must be facilitated by the employer, unless they are not considered suitable to assist with OHS matters.


6. Display a written list of HSRs

The employer must ensure that a written list of HSRs (and deputy HSRs) is displayed in the workplace where it is readily available to the employees.


7. Facilitating Training

Employers must ensure that HSRs are able to access training to perform their role. In Victoria, HSRs are entitled to attend a WorkSafe-approved HSR training course (see: HSR Training Courses | BeSafe | Regional Victoria) and refresher courses annually. Employers are responsible for:

  • Covering the cost of training
  • Allowing paid leave for HSRs to attend training
  • Allowing HSRs to choose their training provider


7. Allow HSRs to perform all of their Functions according to their powers under the OHS Act

This includes all the powers outlined in our blog on the Powers of HSR's.


8. Consulting with HSRs

Employers must consult with HSRs on matters that may affect the health and safety of workers. This includes:

  • Changes to workplace processes, equipment, or systems
  • Development or review of safety policies and procedures
  • Risk assessments and control measures


9. Protecting HSRs from Discrimination

HSRs must be able to perform their duties without fear of discrimination or disadvantage. Employers are prohibited from treating HSRs unfavourably because of their role.


Why These Duties Matter

Fulfilling these obligations is not just about legal compliance, it’s about creating a workplace where safety is prioritised, and workers feel valued. When employers actively support HSRs, they:

  • Reduce workplace injuries and illnesses.
  • Foster trust and collaboration between workers and management.
  • Enhance overall productivity and morale.


Penalties for Non-Compliance

Failure to meet these duties can result in significant penalties under the OHS Act. Beyond the legal consequences, neglecting HSRs can damage workplace relationships and lead to a decline in safety standards.


Conclusion

Employers have a critical role in empowering HSRs to champion workplace safety. By meeting their obligations under the OHS Act, employers not only comply with the law but also contribute to a safer, healthier, and more harmonious work environment. Supporting HSRs is an investment in the well-being of your workforce and ultimately, the success of your business.

If you’re an employer, take the time to review your practices and ensure you’re meeting your duties toward HSRs. A proactive approach to workplace safety benefits everyone involved.

Engineered Stone - Anniversary of The Ban

By admin • June 29, 2026
Today is the anniversary of the banning of Engineered Stone. On the 1 st July 2024, Engineered Stone was banned due to the high levels of silica it contained, which presented a health and safety risk to those working with it. The banning of engineered stone is a huge win for the safety and health of workers, but it does not mean that workers are safe from silica related disease. Workers can still be exposed to silica from other sources, including: Stone Asphalt Cement, mortar and grout Concrete, concrete blocks and cement products Bricks and pavers Tiles Sand These and related products still present a risk and this comes in the form of respirable crystalline silica. Small particles of silica can be produced when dust is produces through cutting, sanding or processing the materials. This can occur during manufacturing and construction, when mining or digging, and when handling waste. The silica dust can be breathed deep into the lungs and can cause serious disease., including silicosis, fibrosis, COPD, bronchitis and lung cancer. In addition, it can cause other systemic diseases including serious effects on the kidneys, immune system, eyes, etc. Employers must control the risk of exposure and workers should be aware of the risks so that they can make sure that they are safe. BeSafe is still horrified to occasionally see dry cutting by workers who may not be aware of the serious risks of this practice. Just remember, that just because engineered stone has been banned, it doesn’t mean you are safe from silica related disease. Make sure you know how to protect yourself and stay safe from this serious and deadly hazard. More information: For the general information page with resources relating to crystalline silica, take a look at: Crystalline silica | WorkSafe Victoria For information relating to how employers must identify hazards, assess risk, control the risk and review and revise controls regularly, take a look at: Preparing a crystalline silica hazard control statement for high-risk crystalline silica work | WorkSafe Victoria For a practical guide on how to safely work with engineered stone, including exemptions, take a look at Compliance code: Engineered stone | WorkSafe Victoria

Welding Fumes

By admin • June 15, 2026
Welding fumes are hazardous, and employers must control the risk of harm. Various types of welding are used in the workplace, with varying levels of welding fume production. The amount and type of fumes produced during welding will vary based on various factors including: the metals being welded, the welding process used, the composition of the welding rod/wire, the shielding gases used and any contaminants or coating on the metal, etc. There are a number of health effects which may occur due to exposure to welding fumes. These include both short-term and long-term affects Short term: eye irritation, respiratory irritation, metal fume fever (zinc oxide). Long term: siderosis (iron accumulation in the body), lung and kidney cancer, nervous system disorders, asthma, pneumonia. The likelihood of developing damaging health effects from welding will depend on the type of welding being used (and therefore the type of fumes produced), the duration and frequency of exposure, the worker’s proximity to the fumes, the ventilation of the welding area, and any controls which were utilised during the exposure. Welding fumes are a hazardous substance and must be controlled according to the hierarchy of controls. Controls may include: Eliminating the need for welding if possible, for example by using different fastening methods or prefabricated components. Substituting the welding method, for example by using a method which generates less fumes, or using automation methods. Engineering controls including mechanical ventilation such as on-torch extraction or local exhaust ventilation. PPE should be provided by the workplace and includes the use of air fed ventilators. The use of respirators such as Powered Air Purifying Respirators can be used but only in addition to a higher-order control, or if higher-order controls are not possible. Other types of respirators are available but less effective. Several different controls may need to be used and as with any controls, training must be provided on their implementation. Atmospheric monitoring may also be required to monitor exposure levels in the workplace and health monitoring must also be carried out in accordance with the OHS Regulations 2017 Part 4.1 - Hazardous Substances.  Consultation with the workforce, including any elected health and safety representatives, must take place in accordance with requirements under the Occupational Health and Safety Act 2004. For more information on welding fumes, take a look at the following links: https://youtu.be/0tvrOw18Vr0?si=oK_v3vkbGebCzuMf Controlling exposure to welding fumes | WorkSafe Victoria Compliance code: Hazardous substances | WorkSafe Victoria - Welding fumes | Safe Work Australia