Employers duties in relation to HSRs
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.
