WHS: Health and safety representatives
Queensland Teachers' Journal, Vol 127 No 5, 19 July 2024, page 17.
All workers have the right to a safe and healthy work environment – including those who work in schools and TAFE.
Being healthy and safe means being free from physical and psychosocial harm. Over the coming months, QTU members will be hearing more about the vital role that health and safety representatives (HSRs) play in ensuring our workplaces are safe.
In Term 3, the QTU will be:
- working with members to recruit more HSRs across the state
- providing training to members on a range of WHS matters
- brokering training of HSRs through the Safework College
- developing a QTU HSR network
- supporting QTU HSRs to enact their powers
- seeking systemic policy and procedural change in relation to the Department of Education’s safety culture
- producing specific WHS resources to support members.
What is a health and safety representative (HSRs)
HSRs give workers a voice in health and safety matters at their workplace, involving workers through participation and consultation. In the school context, this includes the principal and other school leaders.
The HSR role is generally limited to their own work group, unless:
- there is a serious risk to health or safety (created by an immediate hazard) affecting workers from another work group
- a worker in another work group asks for the HSR’s assistance, and the HSR for that other work group is unavailable.
On behalf of their work group, an elected HSR can:
- undertake workplace inspections
- review the circumstances of workplace incidents
- accompany a Workplace Health and Safety Queensland (WHSQ) inspector during an inspection
- represent the work group in health and safety matters
- attend an interview about health and safety matters with a worker from the work group (with the consent of the worker)
- request the establishment of a health and safety committee
- participate in a health and safety committee
- monitor compliance measures
- investigate work group members’ work health and safety complaints
- inquire into any work group members’ complaints of a risk to health and safety
- inquire into any risk to the work group’s health and safety
- issue provisional improvement notices (PINs) and (if they have completed the approved training) direct a worker to cease unsafe work.
Why should we have an HSR?
Having an HSR makes a big difference to health and safety in the workplace. In schools, they can provide valuable support for the principal in terms of workplace health and safety.
They have a strong legislative right to represent workers, to conduct inspections in the workplace, and to be consulted on health and safety matters.
HSRs provide a meaningful voice for you on health and safety. No workplace should go unrepresented.
What is the difference between a health and safety representative (HSR) and the health and safety advisor (HAS)?
A health and safety representative (HSR):
- is elected by workers in a workplace
- represents workers on health and safety matters
- has specific powers and responsibilities under the Work Health and Safety Act 2011 (Qld)
- can issue PINs and direct unsafe work to stop
- receives training to fulfill their role effectively.
A health and safety advisor (HSA):
- is appointed by the employer or person conducting a business or undertaking (PCBU)
- provides advice and assistance on health and safety matters
- does not have the same legal powers as an HSR
- supports the PCBU in implementing safety measures
- may have specialised expertise in occupational health and safety.
Remember, the HSR focuses on representing workers’ interests, while the HSA provides expert advice to improve workplace safety.
Identification of work groups and electing HSRs (a summary)
The QTU is clear that the principal is not the PCBU, but when it comes to health and safety representatives, the principal will be the person facilitating the identification of work groups and organising the HSR election, as they are officer in charge of the site. For more information, contact the QTU for a step-by step guide to the identification of work groups and HSR elections.
Note: Once the principal has been notified that the workers wish to elect HSRs or deputy HSRs, the principal is obligated to facilitate identification of work groups and the election. Reasonable steps must be taken to commence these negotiations within 14 days of a request.
Legislative changes
On 20 May, the Work Health and Safety and Other Legislation Amendment Act 2024 (WHSOLA Act) introduced changes re worker representation. More changes to the Work Health and Safety Act 2011 contained within the WHSOLA Act 2024 are anticipated to go live on 29 July, including changes to HSR election processes and the powers and functions of HSRs. The QTU will produce resources explaining these legislative changes after this date.