Consultation and collaboration with health and safety representatives

Good consultation with your workers improves health and safety. Your workers are your eyes and ears on the front line and often know where your safety problems are.

One way you can consult with your workers on health and safety issues is through health and safety representatives, otherwise known as HSRs.

What does a HSR do?

HSRs represent the health and safety interests of a work group and can raise health and safety issues with their employer.

HSRs give workers a voice in health and safety matters, ensuring the workforce is involved through participation and consultation.

Let's take a closer look.

HSRs can improve two-way communication between you and the work group on matters relating to work health and safety.

They are not professional safety officers, do not manage health and safety, and do not need health and safety expertise to be eligible for the role.

On behalf of the work group, HSRs can monitor how well safety measures are working, investigate health and safety complaints, and make inquiries about health and safety risks to the workers in the work group.

HSRs can participate constructively in incident investigations and help you work through what went wrong and how to stop it happening again.

HSRs can accompany a Workplace Health and Safety Queensland inspector or adviser during their visit and assist them to understand their health and safety issues and workplace activities.

In some cases, elected and trained HSRs can direct workers to stop a task or activity that's presenting a serious risk to health and safety. HSRs will work in collaboration with you to do this. Generally, stopping work can only occur when the HSR has already consulted and attempted to resolve the issue with you.

If a risk is so serious and immediate that it isn't reasonable, a HSR can immediately direct a worker to stop the worker activity. In this case, the HSR must consult with you to resolve the issue as soon as possible after the direction is given.

An elected and trained HSR can issue a provisional improvement notice, otherwise known as a PIN, if a breach of the health and safety legislation or a serious health and safety issue has not been resolved through consultation.

The use of a PIN should be the last resort to resolving the issue.

In line with the time frames listed in the Work Health and Safety Act 2011 a person conducting a business or undertaking, such as an employer, must notify workers in writing of:

• their right to request an election for one or more HSRs,
• the process for determining work groups who may represent the workers in negotiations about work groups
• the process of electing HSRs
• and the functions and powers of HSRs.

What do you need to do if your workers ask to be represented by a HSR?

First, work groups need to be determined. You are legally required to facilitate this process. This will require negotiation between you and the workers who will form the work group.

A person conducting a business or undertaking must take all reasonable steps to complete the negotiations within 14 days after the request to elect a HSR is made.

Negotiations will determine the number and composition of the work group and the number of HSRs to be elected. The next step is to conduct an election to determine a HSR for each work group.

You will legally required to facilitate this process too. Once the election is complete, you must keep and display an up-to-date list of elected HSRs at your workplace.

You must also provide a copy of this list to Workplace Health and Safety Queensland.

You can do this via the HSR portal on the Work Safe Queensland website at worksafe.qld.gov.au.

What training do HSRs need?

You must ensure HSRs complete the approved five day training course within 28 days after the HSR is elected.

The HSR is also entitled to attend a one-day refresher training course at least once every 12 months with the entitlement commencing a year after completing the initial training.

You must allow a HSR to choose and attend this training and pay the training fees and any other reasonable costs associated with the training.

You must also pay the HSR the amount, including any overtime, penalties, or allowances the HSR would ordinarily be entitled to had they been working during the training period.

How can I support HSRs in the workplace?

Work proactively with HSRs to resolve health and safety issues in the workplace. HSRs can offer invaluable insight from the front line.

Make time to talk to HSRs and encourage their input on health and safety matters. Listen to any concerns raised and act promptly.

Allow HSRs time to talk and consult with their work groups without fear of reprisal. Encouraging HSRs to consult with their work groups shows you trust them and gives them confidence to help improve health and safety at the workplace.

Good consultation and collaboration is your legal duty as an employer, but it also shows you're committed to health and safety. You're interested in what workers think and feel about health and safety, and you value their input.

Workers will feel empowered and have a greater buy in and acceptance of health and safety practices if they're actively involved.

If elected HSRs have health and safety questions, they can call Workplace Health and Safety Queensland's HSR direct on 1300 633 419 or email safety info@oir.qld.gov.au.

Find more information about worker consultation and HSRs at worksafe.qld.gov.au