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OH&S - Health & Safety Representatives

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Swinburne Health and Safety Representatives
Health & Safety Representatives (HSR’s) play an important role in making Swinburne workplaces safer. HSR’s provide Swinburne employees with a mechanism to have their views and concerns on health and safety in their workplace heard by their employer.
To help them in performing their role, all HSR’s are entitled, upon request, to receive WorkSafe approved training. It is Swinburne University preference that all HSR’s are trained so that they are fully equipped to do 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. The cost of HSR training is paid for by Human Resources.
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.

The present structure of OHS committees within Swinburne means that all elected HSR’s automatically become members of the OHS committee of the campus in which they work.

Deputy HSR’s
It will not always be possible for the HSR who was elected to for a particular work group to be present and available to represent their constituents when needed. For example, the HSR may be away from work due to illness, on leave or on call. In the HSR’s absence, the deputy HSR effectively becomes the HSR and has all the powers of that role.

Nominations of HSR’s within a designated workgroup (DWG)
It is up to the members of the DWG to determine the process for calling nominations within the DWG and on how an election will be conducted if 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. An employer’s role in this process is to enable elections to take place.

Can a manager 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.

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 term of office for a HSR & deputy is up to 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 they have a major role to play in representing members of their DWG and bringing issues to the attention of their employer. 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 have under the OHS Act can be found at http://www.workcover.vic.gov.au/wps/wcm/resources/file/eb79b1460ae450b/VWA993.pdf

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.