If you run a construction site or work on one, you will be aware of the array of work health and safety requirements in place to minimise risk and optimise the safety of all workers and visitors. You may even have a full-time WHS coordinator on site. But is there a requirement to have a  Health and Safety Representative (HSR)? 

A HSR, also known as a Work Health and Safety Representative, is an elected worker who represents the health and safety interests of their work group. The HSR's main role is to liaise between workers and the employer, raising health and safety concerns with the Person Conducting a Business or Undertaking (PCBU).

 

Is there a legal requirement to have a HSR?

The short answer is there is no legal requirement to have an elected HSR. However, any worker (or group of workers) may ask the PCBU for an HSR to be elected to represent them on work health and safety matters.

If an employer receives a request for an HSR, they are required to negotiate with workers within two weeks to establish one or more workgroups and elect HSRs and deputy HSRs (if any). The goal of these negotiations is to determine the number and composition of the workgroups, as well as the number of health and safety representatives.

 

Electing health and safety representatives

The members of the workgroup may determine how the election of an HSR is to be conducted (for example, with or without the assistance of a member of a union or other organisation).

All employees in a workgroup can vote in an election for an HSR. However, an election doesn't have to be held if the number of candidates is the same as the number of vacancies. For example, an election is not required if there's only one workgroup, that group has decided they only need one HSR, and only one person is interested in being an HSR.

If you don’t receive a request from a worker(s) to hold an election for an HSR, there is no legal requirement to have one.

However, the need to consult workers, so far as is reasonably practicable, about work health and safety matters still applies.

Consultation is required in relation to the following health and safety matters:

  • when identifying hazards and assessing risks to health and safety arising from the work to be carried out
  • when making decisions about ways to eliminate or minimise those risks
  • when making decisions about the adequacy of facilities for the welfare of workers
  • when proposing changes that may affect the health or safety of workers
  • when making decisions about the procedures for:    
    • consulting with workers
    • resolving work health or safety issues at the workplace
    • monitoring the health of workers
    • monitoring the conditions at any workplace under the management
    • or control of the employer, or
    • providing information and training for workers.

Consultation requires that:

  • relevant information about health and safety matters is shared with staff
  • workers are given the opportunity to express their views and contribute to the decision-making process (e.g. to resolve a health and safety issue); and
  • workers consulted are advised of the outcome of the consultation in a timely manner.

If such consultation is not carried out through an elected HSR, another mechanism for consultation must be agreed upon with the workers. The mechanism for consultation may be relatively informal, as long as the above conditions are satisfied.
 

The bottom line: While there is no legal requirement to have a HSR, if a worker or group of workers requests one, the employer is legally obligated to engage in negotiations to establish workgroups and elect HSRs. Even without an HSR, employers are still required to consult with workers on health and safety matters and ensure that relevant information is shared, workers can express their views, and the outcome of consultations is communicated in a timely manner.