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.
Farm workers are often working alone and in an isolated location where there is no assistance from others and often limited or no communication. Remote or isolated work often includes working alone and outdoors and it may be difficult to get help in an emergency. Access can be long and difficult and there may be limited access to resources. On top of this, there is less access to support networks and communication and technology may be unreliable or absent. All these factors can add to the risk of the work. These unique challenges should all form part of the thinking when working to create a safer workplace for those working on farms. The duty to provide a safe workplace sits with the employer, who has a legal requirement to provide a safe workplace for the workers on the farm. Often the employer may also work on the farm themselves, and the same hazards will pose a risk to them too. Implementing some controls to help reduce the risk of working alone on farms can help ensure that everyone gets home alive and well, including the employer/ farm owner. The control measures will depend on the exact type of work being conducted on the farm, but things to think about may include: Monitoring weather conditions and emergency warnings Ensuring some form of communication is available Providing personal distress beacons Ensuring all personnel have a first aid kit and are trained in how to use it Implementing a buddy system to reduce the time spent working alone Additional training provided to reduce the impact of isolated work Mental health support Farming will usually involve work which is dangerous, including machinery, powerlines, heights, animals, chemicals, and the list goes on. All these risks need to be controlled to a level which is reasonably practicable, but they become more dangerous when the worker is working alone or in an isolated location. Often even the most basic issue is not adequately dealt with – how to call for help? One of the most important issues is to consider is: Is there are reliable means of emergency communication? You must consider how you will know if something has gone wrong and how to locate the person in the case of an emergency. You may like to think about: Is there a check in procedure? Do you have a location system? Do you have a satellite communication or radio if there is no phone signal? Do you have an Emergency Locator Beacon with GPS for use in case of an emergency? If you have mobile coverage, have you considered using Emergency Phone Apps?  For more information on this topic, including on how to develop emergency procedures, take a look at: Working alone on farms | WorkSafe Victoria and Working alone or in remote areas | Safe Work Australia It really is important to take the time to consider the risk of working on farms, especially when alone and in isolation. Not only do we need to do this to fulfil the legal duties under the OHS Act - but most of all, to make sure we all make it home at the end of the day.
Elevated Work Platforms (EWP’s ) can take a number of forms including scissor lifts, vertical mast lifts and the various types of boom lifts/ cherry pickers. But no-matter which type, EWP’s are notorious - being responsible for deaths and injuries in the workplace. Recently in Victoria, there was a tragic incident which resulted in the death of an employee. The use of an EWP can expose an operator to multiple hazards, including: Electrical Crushing Falls Overturning Water Falling objects Collision Environmental hazards All people who are involved in the use of an EWP must be trained, competent and supervised. This includes the operator and the observer or spotter. For boom type EWP’s, a High Risk Work License (HRWL) is also required. Electrical Spotters training is also required if the EWP will be operated in an area where there are power lines. Use of EWP’s which classify as High Risk Construction Work will also require work to be conducted in accordance with a Safe Work Method Statement (SWMS). The use of harnesses may also be required and training in their use must be provided. Inspections and maintenance of the EWP must be undertaken, including pre-start checklists and procedures. There must be emergency procedures in place, including training in these procedures. Above all, a person operating an EWP must never work alone. When planning to use an EWP - The same principles apply as with all OHS matters – That is, that hazards must be identified and controlled, in line with the hierarchy of control. The employer has a duty to use the highest order control to protect their workers from harm. For more information on the use of Elevated Work Platforms, visit: Elevating-work-platforms-edition-4-2023-06.pdf or contact BeSafe Victoria HSR Training and support | BeSafe | Regional Victoria
