HEALTH & SAFETY REPRESENTATIVES
Your Voice on Safety at Work
Every worker has the right to a safe and healthy workplace, and to have a say about health and safety matters that affect them. A Health and Safety Representative (HSR) is a worker elected by their work group to represent them on WHS matters.
YOUR RIGHTS AT WORK
Health & Safety Representatives
A Health and Safety Representative (HSR) is a worker elected by members of a work group to represent them on workplace health and safety matters. HSRs play an important role in giving workers a stronger voice, they can raise concerns, investigate health and safety issues, participate in consultation and represent workers when dealing with their employer or Person Conducting a Business or Undertaking (PCBU).
Unions NT supports Health and Safety Representatives to build the knowledge, skills and confidence they need to effectively represent workers, and provides approved HSR training and education to help representatives understand WHS laws and use the powers available to them.
HSRs are elected by workers to represent workers. An HSR has powers under WHS laws, but is not responsible for making the workplace safe simply because they've been elected.
The primary responsibility for providing and maintaining a healthy and safe workplace remains with the PCBU. There is no legal obligation on an HSR to exercise every power available to them.
YOUR RIGHTS
Workers & HSRs — Rights and Responsibilities
Workers have the right to be consulted about health and safety matters that directly affect them, and can choose to be represented by an elected HSR, while also holding their own duties under WHS laws, such as taking reasonable care of their own health and safety and cooperating with reasonable WHS policies.
Your HSR is there to represent you. Talk to them about workplace hazards, unsafe work, health concerns, or decisions that may affect your health and safety.
Having an HSR does not change your individual WHS duties. Being elected as an HSR also doesn't make that worker personally responsible for everyone's health and safety.
Resource
HSR Pocketbook Guide
The Unions NT Health and Safety Representative (HSR) Pocketbook Guide is the go-to reference for anyone taking on the HSR role — reflecting the current arrangements under the Work Health and Safety (National Uniform Legislation) Act and Regulations.
The guide details
- The setting up of designated work groups
- Workers' representation
- HSR roles and functions
- The election of HSRs and Deputy HSRs
- Consultation on OHS matters
- Record keeping to support HSRs performing their functions
EMPLOYER OBLIGATIONS
PCBU Responsibilities to HSRs
A Person Conducting a Business or Undertaking (PCBU) is the main duty holder under WHS laws, and has obligations to support an elected HSR to exercise their powers and perform their functions.
What is a PCBU?
In many workplaces the PCBU will be the employer, though the legal meaning is broader. The PCBU has the primary duty to ensure, so far as reasonably practicable, the health and safety of workers.
What must a PCBU do?
Consult with the HSR on WHS matters, allow adequate paid time to exercise their role, provide access to relevant information and resources, and allow the HSR to accompany a WorkSafe inspector.
HSR training is a right
The PCBU must allow the HSR to attend approved training, pay course fees and reasonable costs, and pay the HSR as if they were performing their normal duties while attending.
HSR Training with Unions NT
Unions NT is authorised by the Northern Territory WHS regulator to deliver approved HSR training, a 5-Day Initial course for newly elected HSRs and Deputy HSRs, and a 1-Day Refresher for HSRs maintaining their skills year on year.
THE TRAINING COVERS
- The WHS legislative framework
- The role and powers of HSRs
- Consultation and worker representation
- Identifying hazards and WHS issues
- Workplace inspections and resolving WHS issues
- Provisional Improvement Notices (PINs)
Register for an upcoming course.
Governance
Workplace health & safety advisory council
OHS useful sites and links — starting with the statutory body that keeps the Territory's work health and safety laws under review.
What is the Advisory Council?
The Work Health and Safety Advisory Council is established by the Work Health and Safety (National Uniform Legislation) Act, which came into force on 1 January 2012.
The Minister for Justice and Attorney-General is responsible for the Workplace Health and Safety Act.
What does it do?
The Work Health and Safety Act provides the Council has the following functions —
(a)
To keep under review the operations of this Act
(b)
To make recommendations to the Minister on possible changes to the administration of the Act, or standards of work health and safety in the Territory
(c)
At the request of the Minister, to investigate and report on matters relating to work health and safety
(d)
Who are the members?
Section 4 of the Work Health and Safety Act sets out the Council's membership.
(1) The Council consists of the person constituting the Authority under the Work Health Administration Act, and not more than ten other persons appointed by the Minister.
(2) The members appointed under (1)(b) must —
(a) Include persons with a wide range of experience extending as far as possible across all major industry sectors in the Territory
(b)
October
National Safework Month — annually, Safe Work Australia uses October as a focus for workplace safety initiatives and events right across the country.
LEARN MORE
Safe Work Australia & NT WorkSafe
OHS useful sites and links, the two bodies that sit alongside Unions NT in supporting workplace health and safety.
NATIONAL REGULATOR
Safe Work Australia
Australia's national work health and safety and workers' compensation policy body. It develops the model WHS Act, Regulations and Codes of Practice, and produces national research, statistics and guidance.
Safe Work Australia is not the NT regulator and does not investigate individual NT workplaces.
TERRITORY REGULATOR
NT WorkSafe
NT WorkSafe is the Northern Territory's work health and safety regulator. It administers and enforces WHS laws, and inspectors have powers to enter workplaces, inspect and monitor compliance.
HSRs have the right to accompany an NT WorkSafe inspector during a relevant workplace inspection.
Phone: 1800 019 115 | Web: worksafe.nt.gov.au
Unions NT WHS
If you are an HSR, want to become one, or have questions about HSR training, contact our team — Phone: 08 8941 0001, Email: whs@unionsnt.com.au.