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.

The Hazelwood Mine Fire

By admin • February 2, 2026
The 9 th February 2014 was the day that The Hazelwood mine caught fire. It was during a period of extreme fire danger that a bushfire started nearby and sent embers into the open cut coal mine. The fire burnt out of control for 45 days and it took another 72 days for the fire to be put out. The impact on the community and on the workers who helped to fight the fire was horrific. The fire was a large scale environmental and health disaster, with ongoing ramifications for those in the vicinity. It would later become the subject of an inquiry, multiple prosecutions and has been the subject of two books by Tom Doig which make very interesting reading. From an OHS perspective, this event makes an interesting case study. The fire was preventable, and the safety failures resulted in workers being exposed to hazardous conditions, with long term effects. Firefighters and mine personnel faced extreme occupational hazards while responding to the event. These included toxic smoke inhalation, fatigue from prolonged shifts, extreme heat exposure and direct contact with burning coal and ash. Also impacted were volunteers and emergency personnel, as well as members of the public. Inadequate PPE, lack of training and inadequate water infrastructure all added to the hazardous conditions. The physical and psychological impacts continue to this day. It was found that there had been systemic failures in Occupational Health and Safety at the site. The mine operator (Hazelwood Power company, co-owned by Engie and Mitsui & Co) was found to have failed to: Adequately assess the risk of fire in the mine, as a result of external sources such as bushfires Adequately maintain vegetation buffers Have sufficient firefighting water infrastructure Have sufficient and adequately skilled staff on site to respond to fire Have an updated fire mitigation plan and to activate it during periods of extreme fire danger In the words of Colin Radford, WorkSafe CEO: "This was an entirely foreseeable event that has led to significant adverse health impacts” The adverse health impacts were felt by workers and by the broader community. The massive smoke plumes which blanketed Morwell and the Latrobe valley for a prolonged period resulted in many suffering acute and chronic health effects. The Hazelwood mine fire exposed issues with crisis management, safety and health governance and emergency response. The operator of the mine, Hazlewood Power Corporation Pty Ltd was eventually prosecuted by WorkSafe and found guilty and fined. The penalty was $1.56 million for breaching sections 21 and 23 of the Occupational Health and Safety Act. Hazelwood Pacific Pty Ltd, Australian Power Partners B.V, Hazelwood Churchill Pty Ltd and National Power Australia were found guilty of breaching the Environment Protection Act. They each were fined $95,000 for offences relating to pollution, totalling $380,000. There continues to be ongoing environmental concerns regarding the remaining mine pit. The owner of the mine, French owned company Engie, is required to rehabilitate the site of the now closed open-cut pit. The process for determining the appropriate 'rehabilitation' is still ongoing, with concerns regarding the use of the Latrobe River water for this purpose, the instability of the pit and potential toxicity of the water. The hazards associated with this mine continue to cause concern. For those interested in finding out more about the Hazelwood Mine disaster, Tom Doig’s books are highly recommended reading: Hazelwood by Tom Doig - Penguin Books Australia The Coal Face: Penguin Special by Tom Doig - Penguin Books Australia For more information relating to the ongoing Hazelwood concerns, take a look at: Hazelwood Mine Rehabilitation – Update 2025 Hazelwood Rehabilitation Project

Bushfire

By admin • January 27, 2026
Australia is a fire-prone country, and workplaces in many areas are at risk of being impacted by bushfires in some way. The effects of bushfires may include direct exposure to fire, as well as smoke exposure and psychological impacts. As with any workplace hazard, employers have a duty to manage and control the risk of injury. A bushfire risk assessment should therefore be undertaken. Through this process, employers should: Identify whether there is a potential bushfire hazard Assess the risk of bushfires affecting the health and safety of workers, including smoke exposure Identify appropriate control measures Review control measures to ensure they are effective and that no new hazards have been introduced Consultation with workers should occur at each stage of this process. When developing a bushfire risk assessment and policy, employers should consider the following: How will fire danger ratings be monitored throughout the bushfire season? How vulnerable is the workplace location? What actions will be taken on days of extreme or catastrophic fire danger? Are there workers who travel for work or spend significant time on the road? Are there workers who operate alone or in isolated locations? What emergency and evacuation plans are in place? Once a bushfire policy has been developed in consultation with workers, appropriate training must be provided. Employers are legally required to ensure workers receive the necessary information, instruction, and training to remain safe at work, including in relation to bushfire risks. For more information, take a look at: Working outside - Working near bushfires | Safe Work Australia