Skip to Content

OHS Consultation at Swinburne


Swinburne’s Designated Work Groups and Health & Safety Representatives

Swinburne’s designated work groups (DWGs) are aligned to Swinburne’s organisational units. A DWG forms the ‘electorate’ that can nominate or elect Health & Safety Representatives (HSR). A HSR is a person who has been elected by his or her co-workers to represent them on OHS issues. Health & Safety Representatives (HSRs) play an important role in making Swinburne workplaces a safe place to work.
Where a HSR represents members of a group, Swinburne must consult with that HSR on any proposed changes to the work place that may affect the health and safety of any member of the DWG. By consulting with the HSR the employer is regarded as having consulted with all members of the DWG. This includes changes to plant or substances used at the work place, or the conduct of work at the work place. HSRs provide Swinburne employees with a mechanism to have their views and concerns on health and safety in their workplace heard by management. The HSR role facilitates the flow of OHS dialogue from management to the work force and from the workforce to management.

What is the commitment of a HSR?

As part of their role Swinburne’s HSRs:

  • Can attend a Swinburne OHS committees four times per year with the management representative from their DWG
  • Are consulted on health and safety matters by management
  • Are allowed to inspect any part of the workplace where a member of their DWG works and immediately following an incident or serious risk is identified
  • Can accompany a WorkSafe inspector during an inspection if requested
  • Can attend health and safety interviews if the worker gives permission
  • Can represent employees outside their DWG if there is an immediate health risk
  • Are able to issue a Provisional Improvement Notice (PIN)
  • Can direct work to stop if there is an immediate health and safety threat

HSR Training

All HSRs are entitled, upon request, to receive WorkSafe approved training. It is Swinburne University’s preference that all HSRs receive training so that they are fully equipped to perform the role. The initial HSR course is of 5 days duration which can be undertaken within a week or over a number of weeks. Employers are obligated to allow time off work for such training.

Who is your HSR?

Employees need ready access to a HSR so that they can raise any concerns regarding their health & safety and so they can be readily consulted by the HSR in relation to health & safety matters in the workplace. Worksafe considers accessibility to mean both direct contact (i.e. face to face) and indirect contact (via email or phone) It is however desirable that there be as much opportunity for face- to face contact as possible. HSRs are able to communicate with their members utilising Swinburne recognized and authorised communication processes.

Nominations of HSR’s within a designated workgroup (DWG)

Human Resources is able to assist DWGs in the nomination or ballot process however ultimately it is up to the members of a DWG to determine the process for calling nominations within the DWG and how an election will be conducted if required (i.e. the number of nominations exceeds the number of positions).  The election process may be informal i.e. with a show of hands. Alternately it may involve a more formal process, such as the use of ballots.

Who can be a HSR?

Strictly speaking the Act allows for any employee of the employer to be elected as HSR of a DWG. However consideration must be given to whether line management (i.e. managers, supervisors, team leaders) should or should not be a HSR. The HSR role is one of representation – not one of responsibility for meeting health & safety duties. Any person who has delegated responsibility for health and safety as part of their position and / or makes decisions on behalf of the employer needs to be mindful of this if considering nomination.

Are employers allowed to appoint a HSR?

No. The role of HSR is to represent employees, not the employer. Therefore employees must be given the opportunity to determine who is going to represent their health & safety issues in the workplace.

Term of office

The maximum term of office for a HSR & deputy is three years, however on expiry the HSR can be re-elected to the position.

Powers of a HSR

The responsibility for providing a healthy and safe workplace rests with the employer. As such the HSR is not responsible; however HSRs have a major role to play in representing members of their DWG and bringing issues to the attention of management. As such the role of a HSR includes specific powers that may be exercised in the interests of the employees they represent. The powers that an elected HSR for a DWG has under the OHS Act can be found at Worksafe.

Protection of HSR’s

Section 76 of the Act prohibits an employer from dismissing an employee, discriminating against an employee, or treating an employee less favourably because that employee is or has been a HSR.

HSR support

Work Safe Victoria provides a range of resources to assist HSRs in building their skills and knowledge. Swinburne’s OHS Consultants can also be contacted for advice or support.

Unresolved OHS issues

The Swinburne Issue Resolution Procedure which outlines the processes all management and staff must follow in the event that an OHS issue is not able to be resolved.