What Information Can An HSR Have Access To

admin • November 20, 2024

A Health and Safety Representative (HSR) plays a crucial role in ensuring workplace safety and compliance with health and safety regulations. The specific information a Health and Safety Representative can access vary as limitations do exist. However, generally, an HSR can access the following types of information:


 1. Risk Assessments and Hazard Identification

  - Workplace Risk Assessments: Documentation and reports identifying potential risks or hazards in the workplace (e.g., chemical hazards, machinery, ergonomics, etc.).

  - Hazard Control Measures: Information about existing controls and measures in place to mitigate or eliminate identified risks.


2. Health and Safety Policies and Procedures

  - Workplace Safety Policies: Company-wide health and safety policies, guidelines, and protocols.

  - Emergency Procedures: Evacuation plans, first aid protocols, and procedures for responding to accidents or emergencies.


 3. Workplace Injury and Incident Reports

  - Accident and Injury Reports: Documentation of workplace accidents, injuries, and near misses. This includes investigation reports and any follow-up actions taken to prevent recurrence.

  - Incident Logs: Records of any safety incidents, including time, place, cause, and impact on workers.


4. Workplace Safety Training Records

  - Training Records: Information on safety training and certifications for workers, including what training has been provided and whether employees are up to date on required courses.

  - Safety Inductions: Details of safety induction programs for new employees or contractors.


5. Workplace Inspections and Audit Results

  - Inspection Reports: Results from routine or special safety inspections of the workplace.

  - Audit Results: Internal or external audits that evaluate safety systems, compliance, and performance.


6. Exposure Records

  - Workplace Exposure Monitoring: Records detailing employee exposure to potentially hazardous substances, including chemicals, noise, and physical agents.

  - Personal Protective Equipment (PPE) Use: Information about PPE requirements and employee compliance with PPE protocols.


7. Health Surveillance Data

  - Medical Records: In Victoria, HSRs may have access to workers' health surveillance records, particularly if the worker is exposed to harmful substances or physical conditions. However, there are limitations and requirements. (see below).

  - Workplace Health Monitoring: Data on health monitoring initiatives like hearing tests, lung function tests, etc.


8. Compliance and Regulatory Documents

  - Compliance Records: Documents related to compliance with national or regional health and safety laws and regulations, such as safety permits and certifications.

  - Regulatory Inspections: Reports and recommendations from inspections conducted by regulatory agencies (e.g., OSHA in the U.S., HSE in the UK).


9. Corrective Actions and Safety Committees

  - Corrective Action Plans: Information about actions taken or planned in response to identified hazards, incidents, or safety deficiencies.

  - Safety Committee Minutes: Minutes from health and safety meetings or committees, where safety issues and concerns are discussed.


 10. Workplace Safety Reports and Statistics

  - Health and Safety Performance Data**: Statistics related to workplace accidents, injuries, and safety performance (e.g., incident rates, lost time injury frequency rates).

  - Occupational Health Data: Data on the health of employees, including common workplace illnesses or injuries.


11. Consultation with Workers

  - Feedback and Concerns: Input from workers about safety concerns or potential hazards they have observed or experienced.


 Access Rights and Limitations

While an HSR has broad access to health and safety information, the exact level of access may depend on:

 - Confidentiality and Privacy: Sensitive personal information (e.g., medical records) may be restricted, but HSRs typically have access to aggregate data rather than individual health records. HSRs can obtain permission from the individual or individuals involved or have sensitive information redacted.


In Victoria, employers are required to consult with and provide relevant safety information to HSRs to enable them to perform their duties effectively. This helps ensure that the workplace is as safe as possible and that health risks are minimized.


If you require additional information or clarification, please contact BeSafe.

Protection for employees who SPEAK UP about safety

By admin • April 1, 2025
It is illegal to dismiss in employee or to discriminate against an employee if they have raised an OHS issue or concern . This is covered under Section 76 of The Occupational Health and Safety Act 2004 (The Act). This means that employees can and should raise concerns about both within and, if necessary, outside their organisation. What does discrimination mean this context? Discrimination against a person for raising an OHS issue can include: Dismissal Injury Alteration of an employee’s position, to their detriment Refusal of employment of a prospective employee or less favourable treatment of them Noting that the discrimination must have arisen due to the raising of an OHS concern as the dominant factor. The Act says that employees cannot be dismissed from employment or discriminated against if they: Are an HSR or deputy HSR (dHSR) Are a member of a Health and Safe Committee If, as an HSR, dHSR or HSC member, they exercise their powers If they are an employee who has assisted or given information to an Inspector, to WorkSafe, to a registered employee organisation (ARREO), to an HSR/ dHSR or an HSC member If they are a prospective employee who raises or has raised an issue or concern about health and safety to an Inspector, to WorkSafe, to a registered employee organisation (ARREO), to an HSR/ dHSR or an HSC member In short, any employee or prospective employee is protected under this part of The Act. Further strengthening the law is the fact that the accused bears the onus of proof (Section 77 of the OHS Act) . This means that the employer is considered to have broken the law unless they can prove that they did not dismiss or discriminate on the basis of the person raising a health and safety issue - with this being the dominant issue. If found guilty, the offence carries significant penalties under The Act . The intent of the legislation is to ensure that employees can SPEAK UP about health and safety issues, without fear of retribution. Remember, The Law states that you can speak up and protects you against discrimination.  For more information on this topic: Discrimination for OHS reasons - OHS Reps Discrimination on health and safety grounds | WorkSafe Victoria If you need help, don’t hesitate to call BeSafe on 0467 002 060 or email us on admin@besafevictoria.com.au

Reasonably Practicable?

By admin • March 25, 2025
The Victorian Occupational Health and Safety Act 2004 requires that the employer has a duty to ensure a healthy and safe workplace. This duty must be met as far as reasonably practicable. But what does this actually mean? The following must be considered when determining what is reasonably practicable: (according to section 20(2) of The Act): (a) The likelihood the hazard or risk concerned eventuating; (b) The degree of harm that would result if the hazard eventuated; (c) What the person concerned knows, or ought to reasonably know, about the hazard or risk; (d) The availability and suitability of ways to eliminate or reduce the hazard or risk; (e) The cost of eliminating or reducing the hazard or risk. This is often an area of confusion – primarily because the test for what is ‘reasonably practicable’ is in fact objective. When we consider this, it is best to look to WorkSafe for guidance. WorkSafe Victoria provides some clarification in their Position Statement on the matter: ‘a person is to be judged by the standard of behaviour expected of a reasonable person in the duty-holder’s position who is required to comply with the same duty and is: • Committed to providing the highest level of protection for people against risks to their health and safety. • Proactive in taking measures to protect the health and safety of people.’ - WorkSafe position statement - reasonably practicable There must be a weighing up of each of the 5 points listed under section 20(2) of The Act (above), but with a clear presumption in favour of safety. This means that the likelihood of harm occurring, and the seriousness of the potential outcome, must be the most important factor. The cost must be considered to be the least important factor when deciding what is reasonably practicable. ‘If the degree of harm is significant, e.g. death or serious injury is highly likely, then it is extremely unlikely that the cost of eliminating or reducing the risk would ever be so disproportionate to the risk to justify a decision not to implement an available and suitable control measure.’ - WorkSafe position statement - reasonably practicable When considering what the person concerned should reasonably know about eliminating the hazard, the state of knowledge regarding hazards and controls must be considered and this must be applied in line with the ranking under the hierarchy of control. The definition of what is ‘reasonably practicable’ is often one which causes some contention. It is important to go back to the WorkSafe position statement to make sure that you are making decisions in line with the intentions of The Act . Of course, it is always required that the highest level of protection from a hazard is provided in order to ensure a safe workplace. To read more about this: How WorkSafe applies the law in relation to Reasonably Practicable | WorkSafe Victoria
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