Module 5 Health and Safety Representatives and Health and Safety Committees

1. Module 5 Health and Safety Representatives and Health and Safety Committees

2. Health and Safety Representatives and Committees Module 5 covers the role and functions of: • Health and Safety Representatives (HSR)s • Deputy Health and Safety Representatives • Health and Safety Committees (HSCs) under the WHS Act. WHS Act Part 5

3. Key changes from current NSW OHS legislation Key changes to be highlighted in this module include: • Health and Safety Representatives (HSRs) (replace the current OHS Representative role) with a focus on resolving specific health and safety issues and having increased powers. • Deputy HSRs - their introduction and role. • Health and Safety Committees – a changed role (from the current OHS Committee role) to being the forum for consultation on the management of health and safety across the whole workforce. • Changes in terms of office and training for HSRs, deputy HSRs and HSC members. WHS Act Part 5, 7

4. Module 5-Activity 1 - • The facilitator will divide the group into two teams to review the selected sections of the WHS Act and develop questions for a group quiz. Team A – Develop questions using the WHS Act s46-49 (duties to consult) and s75-79 (HSCs). Team B – Develop questions using the WHS Act s50-74 (Workgroups, HSR’s and deputy HSR’s). • The facilitator will run a short quiz between the two teams.

5. Health and Safety Representatives (HSRs) Health and Safety Representatives: • are to be elected from the workgroup they are to represent • have a term of office of3 years (previously 2 years) • can cease to hold office for various reasons • are not personally liable for anything either done or omitted in their role as a HSR if done in ‘good faith’ (immunity) • are eligible for re-election (unchanged) • are entitled to receive training upon request - certain functions cannot be performed unless trained e.g. issuing of Provisional Improvement Notices (PINs) and directing unsafe work to cease. See Fact Sheet 4 for further detail. WHS Act s60 - 64

6. Deputy Health and Safety Representatives (Deputy HSRs) Deputy Health and Safety Representatives: • can use the powers and perform the functions of a HSR if the HSR no longer holds office or is unable to fulfil their role • have a term of office of 3 years and are eligible for re-election • can cease to hold office for various reasons e.g. improper use of powers and using or disclosing information • are not personally liablewhen acting in ‘good faith’ in their role as a deputy HSR (immunity) • are entitled to receive training upon request See Fact Sheet 4 for further detail. WHS Act s67 and s64-66,72-73

7. Powers and functions of HSRs The functions of HSRs are similar to current functions of OHS Representatives and OHS Committee members i.e. they: • Represent workers in relation to work health and safety • Monitor the measures taken by the PCBU to meet their duties • Investigatecomplaints from members of the workgroup • Inquire into risk to the health and safety of relevant workers Additional powers and functions include (where trained to do so): • Directing unsafe work to cease when necessary • Issuing of provisional improvement notices when necessary How might HSRs monitor the measures taken by the PCBU? WHS Act s68

8. Activities of HSRs Activities may include: • Inspecting all or part of the workplace: • at any time after giving notice • at any time without notice after an incident or where there is a serious and immediate or imminent risk to the health and safety of a person. • Accompanying an inspector during an inspection. • Being present at an interview between a worker or a group of workers (with their consent) and an inspector or the PCBU. WHS Act s68

9. Activities of HSRs • Requesting the establishment of a Health and Safety Committee. • Receiving information on the heath and safety of workers • except personal or medical information (without the consent of the worker) unless the information cannot be used to identify the worker. • Requesting the assistance of another person where necessary e.g. union representative. When might a HSR request assistance from another person? WHS Act s68

10. Limitation of HSRs’ Powers The HSR’s powers are limited to matters that affect/may affect workers they represent except: • where there is a serious and immediate/imminent risk to the health and safety of members of another workgroup • a member of another workgroup asks for assistance and the HSR for that workgroup (upon reasonable inquiry) is not available. HSRs are only permitted to issue PINs and direct unsafe work to cease if they have completed approved training. WHS Act s69

11. Obligations of PCBUs to HSRs A PCBU must, in respect to HSRs, on work health and safety matters: • Consult so far as is reasonably practicable • Confer whenever reasonably requested • Allow access to information on hazards and the health and safety of workers • Provide resources • Allow access to the workplace to a person assisting the HSR • Compile, keep up-to-date and display a list of HSRs and deputy HSRs (if any) and provide a copy to WorkCover. WHS Act s70 -74

12. The PCBU must establish a HSC within 2 months of a request by: a HSR for a workgroup carrying out work at the workplace; or 5 or more workers at the workplace; or as required by the regulations; or on their own initiative. A Health and Safety Committee under the WHS Act can: continue the functions of an existing OHS Committee; be a consultation mechanism; assist and support the HSR in their role and represent all workers at the workplace not just the workgroup the HSR represents. While current OHS Committees meet the requirements for HSCs under the WHS Act, the composition of a HSC can now be different. Health and Safety Committees (HSCs) WHS Act s75,76,78

13. Functions of the HSC are to: Facilitate cooperation between the PCBU and workers in instigating, developing and carrying out measures to ensure workers’ health and safety. Assist in the development of health and safety standards, rules and procedures to be used and complied with in the workplace. Any other functions as agreed to between the PCBU and the HSC. Do these functions differ much from current activities of OHS Committees? Health and Safety Committees (HSCs) WHS Act s77

14. Obligations of PCBUs to the HSC A PCBU must allow a member of the HSC, with respect to work health and safety matters: • Reasonable time to: • attend HSC meetings • carry out functions as a member of the HSC • Access to information on: • hazards (including associated risks)and • the health and safety of workers of the workgroup with the workers consent (information must not contain any information that may allow identification) Meetings of the HSC are to be held at least once every 3 months and any other reasonable time at the request of at least half the HSC. WHS Act s79

15. Module 5-Activity 2- • The facilitator will divide the group into smaller groups to review the scenarios in the Activity. • The group will come back together to discuss the answers.