What is a Health and Safety Representative?
A Health and Safety Representative (HSR) is a worker elected by their colleagues to represent the health and safety interests of a designated work group. Under Australian WHS legislation, HSRs hold significant statutory powers including the authority to inspect workplaces, issue improvement notices, and stop unsafe work—making them a critical voice in workplace safety governance.
The Foundation of Worker Consultation
The HSR system represents a fundamental principle in Australian workplace safety: those who do the work are best placed to identify its risks. Rooted in the 1972 Robens Report philosophy of "industrial democracy," the HSR role embodies the idea that effective safety management requires genuine consultation between employers and workers, not just top-down directives.
Unlike a safety officer or manager appointed by the employer, an HSR is elected by workers to be their independent voice. This distinction is crucial. While safety managers enforce company policy, HSRs represent worker concerns and ensure that frontline knowledge about hazards reaches decision-makers before incidents occur.
Research consistently shows that workplaces with active HSRs have significantly lower injury rates—often half that of workplaces without representation. The HSR acts as an internal monitor, keeping risk assessments current and ensuring safety isn't compromised by production pressure.
How the HSR System Works
The HSR framework is "opt-in" rather than automatic. Any worker can request the election of an HSR, triggering a legal obligation for the Person Conducting a Business or Undertaking (PCBU) to commence negotiations within 14 days. This worker-driven approach ensures representation emerges from genuine need rather than bureaucratic imposition.
Before elections can occur, the workplace must be divided into "work groups"—constituencies that HSRs will represent. These groups are negotiated between the PCBU and workers, taking into account factors like geography, type of work, shift patterns, and language considerations. A warehouse crew facing forklift hazards has different risks than office staff, so separate work groups often make sense.
The negotiation process considers whether workers are co-located or dispersed, whether they work the same hours as potential HSRs, and whether the proposed structure allows effective representation. If negotiations stall, either party can request a regulator inspector to make a binding determination, preventing employers from stalling or gerrymandering work groups to dilute HSR effectiveness.
Once work groups are established, elections proceed. Any worker in the group can stand for election, and the members determine how voting occurs—whether by formal ballot, show of hands, or electronic vote. The PCBU must provide resources like ballot papers or meeting time but cannot influence the outcome. HSRs typically serve three-year terms and can be re-elected indefinitely.
Core Powers and Functions
HSRs are granted specific statutory powers to perform their representational role effectively. These powers distinguish HSRs from informal safety advocates—they're legally backed authorities that PCBUs must respect.
| Power | Purpose |
|---|---|
| Workplace Inspection | Inspect any part of the workplace where work group members operate, with reasonable notice or immediately following an incident |
| Information Access | Access hazard information, safety data sheets, and aggregated health data (not personal medical records without consent) |
| Interview Attendance | Be present at worker interviews with inspectors or management about safety matters (with worker consent) |
| Request Assistance | Bring in external experts, including union officials, to help investigate complex safety issues |
| Representation | Represent workers in consultations about hazard identification, risk assessment, and control measures |
These baseline powers are available to all elected HSRs immediately upon taking office. However, the most significant enforcement powers—issuing Provisional Improvement Notices and directing work to cease—require completion of approved training.
Track workplace inspections, record hazards identified by HSRs, and manage corrective actions with full audit trails.
Provisional Improvement Notices: A Delegated Regulatory Power
The Provisional Improvement Notice (PIN) is perhaps the most potent tool in a trained HSR's arsenal. It effectively delegates regulatory authority to the HSR, allowing them to issue a legally binding notice requiring the PCBU to remedy a safety contravention without waiting for an inspector.
An HSR can issue a PIN if they reasonably believe a person is contravening, or has contravened in circumstances likely to recur, a provision of the WHS Act or Regulations. The "reasonable belief" standard is objective—it must be based on facts that would lead a reasonable person to the same conclusion, not mere suspicion or hearsay.
Before issuing a PIN, the HSR must consult with the duty holder about remedying the issue. This consultation requirement ensures PINs function as escalation tools rather than first strikes. If the PCBU agrees to fix the problem and does so, the PIN becomes unnecessary. If they refuse, delay, or disagree, the HSR can proceed.
The PIN must be in writing and specify the contravention, cite the specific legislative section being breached, explain the grounds for the belief, and set a compliance date at least eight days in the future. The PCBU must display the PIN prominently at or near the affected area and remedy the issue by the deadline.
If the PCBU disputes the PIN, they can request a regulator review within seven days. This request stays (suspends) the PIN while an inspector investigates. The inspector can confirm, modify, or cancel the PIN. If confirmed, the PIN effectively becomes a regulator-issued improvement notice, and non-compliance becomes a criminal offence.
Jurisdictional differences matter here. In harmonised WHS jurisdictions (NSW, Queensland, WA, SA, ACT, NT, Commonwealth), an HSR must complete approved training before issuing a valid PIN—untrained HSRs attempting to issue PINs act beyond their powers. Victoria's OHS Act doesn't strictly invalidate PINs issued by untrained HSRs, though training is strongly recommended for competency and credibility during reviews.
Stopping Unsafe Work
While PINs address compliance issues over an eight-day timeline, the power to direct cessation of work is the emergency brake for immediate danger. Trained HSRs can direct workers in their work group to stop work if they have reasonable concern that continuing would expose workers to serious risk from an immediate or imminent hazard.
This power requires prior consultation with the PCBU to resolve the issue, unless the risk is so serious and immediate that consultation isn't reasonable. When work stops, the PCBU can direct affected workers to perform suitable alternative work that is safe, preventing complete production shutdown if other tasks are available.
In harmonised WHS jurisdictions, HSRs can only issue cease work directions after completing training. However, Section 84 of the WHS Act grants individual workers an independent right to cease unsafe work, regardless of HSR involvement. Victoria's OHS Act gives trained HSRs this power but lacks an explicit statutory section for individual worker rights, though common law protections for refusing dangerous work remain.
Training Entitlements and Competency
The complexity of WHS legislation means effective HSRs need education. The legislation recognises this by creating mandatory training entitlements that PCBUs cannot refuse.
When an HSR requests training, the PCBU must allow attendance at an approved course within three months. The PCBU must pay all course fees and reasonable associated costs including travel, parking, and accommodation. The HSR receives their normal pay for training days, including any shift allowances or overtime they would have earned working.
The initial HSR course runs five days and covers the legislative framework, HSR roles and powers, hazard identification, risk management, consultation processes, and negotiation skills. Trained HSRs can access one-day refresher courses annually to stay current with legislative changes and reinforce their capabilities.
HSRs generally have the right to choose their training provider in consultation with the PCBU. If the PCBU refuses a chosen course—perhaps citing excessive cost or operational disruption—the matter can be referred to an inspector for determination. The PCBU cannot simply veto a course and force the HSR to attend a cheaper internal alternative if it's not approved or suitable.
PCBU Obligations: Supporting the HSR System
The legislation places active, positive duties on PCBUs to support HSR functioning. Merely allowing HSRs to exist isn't enough—PCBUs must facilitate their work through consultation, resources, and protection from discrimination.
PCBUs must consult with HSRs on any matter affecting work group health and safety. This includes identifying hazards and assessing risks, making decisions about control measures, changing facilities or work procedures, and proposing roster changes. Consultation means sharing information, giving HSRs reasonable opportunity to express views, and genuinely considering those views before making final decisions.
Resource obligations require PCBUs to provide facilities reasonably necessary for the HSR role. This typically includes access to a private room for confidential discussions, computer and internet access, telephone, filing cabinets for records, photocopier access, and display space for safety communications.
PCBUs must maintain and display an up-to-date list of all HSRs and Deputy HSRs in prominent locations accessible to all workers—noticeboards, lunchrooms, or the company intranet. Workers need to know who represents them.
Discrimination against HSRs is a serious offence. PCBUs cannot dismiss, demote, disadvantage, or treat HSRs less favourably because they hold the role or raise safety issues. This includes denying overtime, training opportunities, or promotions. Coercing or inducing workers to exercise or not exercise their HSR powers, or to stand or not stand for election, is also prohibited.
Share risk assessments, incident reports, and safety data with HSRs through secure digital workflows that document consultation.
HSRs and Psychosocial Hazards
The HSR role is evolving beyond traditional physical hazards like machine guarding and slips. With psychosocial hazards now accounting for 12% of serious workers' compensation claims and rising, HSRs are increasingly central to managing mental health risks in workplaces.
New regulations in multiple jurisdictions (NSW, WA, Commonwealth) create positive duties for PCBUs to manage psychosocial risks including high job demands, low support, workplace bullying, and harassment. HSRs are uniquely positioned to address these issues because workers suffering stress or bullying often feel more comfortable reporting to a peer representative than to management.
HSRs can identify systemic causes of stress that management might view solely as productivity issues—understaffing, unrealistic deadlines, poor rostering practices. They can represent workers in sensitive return-to-work meetings following psychological injury and advocate for job redesign that addresses root causes rather than just symptoms.
Legal Protections and Limitations
Both the WHS Act and Victoria's OHS Act provide HSRs with immunity from personal liability. HSRs cannot be sued, fined, or prosecuted for anything done—or not done—in good faith while exercising their powers. This protection recognises that HSRs are volunteer representatives, not safety guarantors. The duty of care always remains with the PCBU.
An HSR who fails to spot a hazard before an incident occurs cannot be held personally liable, provided they acted in good faith. This immunity is essential to encourage workers to accept the role without fear of personal legal exposure.
However, HSRs must exercise their powers for proper purposes. Using a PIN to gain leverage in wage negotiations, or directing work to cease without genuine safety concerns, constitutes misuse. Only the regulator through a court or tribunal can disqualify an HSR for exercising powers improperly—the PCBU has no authority to remove them. The work group itself can remove an HSR through a majority vote.
Practical Implementation
Effective HSR systems require more than legal compliance—they need genuine collaboration. Successful organisations bring HSRs into planning stages of projects, not just when problems emerge. Early involvement allows HSRs to identify design-stage risks that are cheaper and easier to control than retrofitted solutions.
Investment in HSR training pays dividends. An untrained HSR may issue invalid PINs or misunderstand their powers, creating administrative confusion and legal uncertainty. A trained HSR becomes a safety asset who can help solve problems before they require regulatory escalation.
Developing agreed issue resolution procedures provides clear pathways for escalating disputes before regulator intervention becomes necessary. These procedures typically establish timeframes for responses, identify decision-makers at various levels, and specify documentation requirements.
Regular HSR consultation should be built into safety management routines—weekly toolbox talks, monthly safety committee meetings, quarterly management reviews. Reactive consultation after incidents is legally required but represents a missed opportunity. Proactive engagement captures emerging risks when control is still straightforward.
References
- Safe Work Australia. Health and Safety Representatives and Work Groups. Available at: safeworkaustralia.gov.au
- WorkSafe Victoria. Provisional Improvement Notices. Available at: worksafe.vic.gov.au
- Safe Work Australia. Worker Representation and Participation Guide. Model Code of Practice. Available at: safeworkaustralia.gov.au
- Safe Work Australia. Key WHS Statistics Australia 2024. Available at: data.safeworkaustralia.gov.au
Frequently Asked Questions
Can an HSR be held personally liable if they miss a hazard?
No. Both the WHS Act and Victorian OHS Act provide HSRs with immunity from personal liability for anything done or not done in good faith while exercising their powers. The duty of care always remains with the PCBU. HSRs are volunteer representatives, not safety guarantors, and cannot be sued for failing to identify hazards.
Can a PCBU refuse to pay for the training course an HSR wants?
Generally no. The PCBU must pay for approved HSR training courses and associated reasonable costs. While they can consult on timing to minimise operational disruption, they cannot dictate the provider or refuse training. If there's disagreement over costs—such as flying interstate for a course available locally—either party can ask an inspector to resolve the dispute. The PCBU cannot force the HSR to attend a shorter internal course instead of the statutory five-day approved course.
What's the difference between a PIN and a regulator improvement notice?
A Provisional Improvement Notice (PIN) is issued by a trained HSR and gives the PCBU at least eight days to remedy the issue. The PCBU can request a regulator review within seven days, which stays the PIN during investigation. A regulator improvement notice is issued by an inspector and is immediately binding—compliance is mandatory, though the PCBU can seek internal review. If a PIN is confirmed after review, it effectively becomes a regulator notice, making non-compliance a criminal offence.