Powers of HSR's.
admin • November 27, 2024
Health and Safety Representative have substantial powers.
It is important to remember that The Occupational Health and Safety Act 2004 does not impose any duties upon HSR's. It does, however, provide HSR's with a number of powers.
HSR's have the Power to:
- Inspect any part of workplace in which a member of their Designated Work Group (DWG) works.
- Take photographs or measurements or make sketches or recordings in any part of the workplace in which a member of their DWG works.
- Accompany an inspector during a workplace inspection involving their DWG.
- Require a Health and Safety Committee to be established.
- Attend interviews on OHS matters, to represent a DWG member who consents.
- Seek the assistance of any person when necessary.
- Access information relating to the OHS interests of their DWG.
- Issue a Provisional Improvement Notice (PIN) if they reasonably believe that there has been a contravention of The Act or The Regulations, and they have tried to remedy the contravention through consultation.
- Direct employees to Cease Work - if an OHS issue arises which involves an immediate threat to health and safety.
These powers are intended to assist HSR's in fulfilling their function as the representative of their DWG. But it is important to remember that it is not the HSR, but the employer who has the responsibility for providing a healthy and safe workplace.
You can find more information on the Powers of HSR's at: Powers of health and safety representatives | WorkSafe Victoria.
If you need further guidance on this, please reach out to BeSafe at: HSR Training and support | BeSafe | Regional Victoria.
Work-related gendered violence is any behaviour, directed at any person, or that affects a person, because of their sex, gender or sexual orientation, or because they do not adhere to socially prescribed gender roles, that creates a risk to health and safety. But what does it actually look like? Work-related gendered violence can range in severity. It might include things like: · Indecent phone calls · Offensive language or images · Sexually explicit social media, text messages or emails · Repeated or inappropriate advances · Rude gestures, staring or intimidation · Put downs, ostracism or exclusion · Sexually suggestive comments or jokes · Unwelcome touching, hugging or cornering · Intrusive questions · Physical assault including sexual assault and rape · Sexual harassment · Verbal abuse · Stalking · Being undermined in your work or position Work-related violence and sexual harassment can cause physical and/or mental injury – this is an Occupational Health and Safety Issue. Like all OHS issues, we need to prevent them by: 1. Identifying the hazards and assessing the risks 2. Implementing measures to eliminate or control the risks 3. Review the effectiveness of control measures For more information on work-related gendered violence and how to control this hazard, take a look at the guidance material at: Gendered violence | WorkSafe Victoria .  If you require additional assistance or information on accessing information please contact BeSafe .
While the entitlement to information is clear and a legal requirement, there are often challenges that HSRs face in exercising this right: 1. Information Overload: With vast amounts of safety-related data available in larger organizations, HSRs may feel overwhelmed by the volume of information they need to digest. To address this, organizations should provide: clear, organized, and accessible safety reports rather than overwhelming HSRs with excessive detail. 2. Resistance from Employers : Sometimes, employers may be hesitant to provide information due to concerns about confidentiality or legal liability. However, under the OHS Act, there are clear guidelines on the types of information that must be disclosed. HSRs should be well-informed about their rights and, if necessary, seek support from regulatory bodies or unions. 3. Access to Real-Time Data In fast-paced workplaces, it can be challenging for HSRs to stay updated with real-time health and safety data. Regular meetings or briefings between management and HSRs can ensure that everyone is on the same page when it comes to ongoing risks or emerging hazards. Conclusion An HSR’s entitlement to information is a cornerstone of workplace health and safety. It empowers representatives to make informed decisions, foster a culture of safety, and protect workers from potential harm. Employers, for their part, have a legal and ethical responsibility to ensure that HSRs have timely, accurate, and relevant data at their disposal. When information flows freely between management and HSRs, it creates a safer, more collaborative work environment where everyone benefits. For HSRs, understanding the full extent of their right to information—and how to use it effectively—can make all the difference in maintaining a safe workplace. It's not just about compliance; it's about preventing accidents, promoting well-being, and building a culture of safety that benefits everyone in the workplace. If you require additional assistance or information on accessing information please contact BeSafe .
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