Health and safety representatives (HSRs)
Health and safety representatives, commonly referred to as HSRs, are workers who are elected to represent the health and safety interests of their work group.
We provide information for HSRs and workers interested in being an HSR about the role, HSR elections, support and guides, and HSR training and providers.
The HSR role explained
If you are elected as a health and safety representative (HSR) you:
- represent the workers in your work group on health and safety matters and in discussions with managers on hazards and safety issues
- monitor that the ‘person conducting the business or undertaking’ (PCBU)—a broad term used in work health and safety legislation to describe all forms of business—is meeting health and safety standards
- promote the health and safety of workers in your work group
- provide a vital communication link between people at work and the PCBU.
You are not expected to be an expert on health and safety, and you are not responsible for fixing problems in your workplace.
Who can be an HSR
You can be a health and safety representative (HSR) if:
- you are a member of the work group who elected you, and
- you have not been disqualified from performing the HSR role.
You can only be disqualified from the role if a court or tribunal decides you:
- used a power or carried out a function for an improper purpose, or
- used or disclosed information obtained for an improper purpose.
If your agency or organisation is covered by Commonwealth legislation, it is the Work Health and Safety Act 2011 which allows workers to be represented by a health and safety representative (HSR). If you work under a state or territory regulator, you need to refer to your state’s legislation.
Powers and functions of an HSR
The primary purpose of the health and safety representative (HSR) role is to represent members of a work group in health and safety matters.
Other powers and functions are:
- Investigating complaints from work group members in relation to work health and safety matters.
- Representing members of your work group in work health and safety issues.
- Monitoring compliance by the ‘person conducting the business or undertaking’ (PCBU)
- Inspecting a workplace where there has been an incident or situation involving a serious risk to someone’s health or safety. You must give the PCBU reasonable notice. You can inspect a workplace without giving notice if there is a serious risk to a person’s health or safety due to an immediate or imminent exposure to a hazard.
- Accompanying an inspector during an investigation of the workplace where their work group works.
- Asking the regulator to carry out a workplace inspection and accompanying an inspector during the visit.
- Requesting the regulator to assist where a work health and safety issue has not been resolved after reasonable efforts.
- Requesting that a Health and Safety Committee be established.
You must have completed the HSR training before you can carry out the following functions as an HSR:
- initiate emergency stop-work procedures
- direct a work group member to stop unsafe work and issue a provisional improvement notice (PIN). You must first consult with the PCBU and the person who the PIN is being issued to, unless the risk is so serious and immediate that it isn’t reasonable to do so.
Download the Provisional Improvement Notice (PIN) form (PDF, 154.6 KB).
As an HSR, you can represent other work groups within your business or undertaking if the HSR from that other work group is unavailable and:
- there is a serious risk to health or safety resulting from an immediate or imminent exposure to a hazard, or
- a member of the other work group asks for your help.
When carrying out your health and safety representative (HSR) powers and functions, you need to:
- use your powers appropriately and only in relation to work health and safety matters
- make sure any action you take while exercising your powers is not intended to cause harm to the ‘person conducting the business or undertaking’ (PCBU) or to an undertaking of the PCBU
- represent members of your work group in a professional, timely and ethical manner.
Liabilities
As a health and safety representative (HSR), you are not personally liable for anything you do, or don’t do, in good faith when carrying out your powers and functions under the Work Health and Safety Act 2011 (WHS Act).
You are also not personally liable for anything you do that you reasonably believe was authorised under the WHS Act.
You can also choose when to exercise your powers and functions as an HSR. This means there is no legal duty or obligation for you to perform any of the functions of an HSR, or to exercise any powers of an HSR, under the WHS Act.
Length of office
If you are elected as a health and safety representative (HSR), you hold office for three years unless you:
- resign
- stop being a worker in the work group you represent
- are removed from the position by a majority decision of the work group, or
- are disqualified as an HSR.
Membership on the Work Health and Safety Committee
If you are the only health and safety representative (HSR) at a workplace, you are automatically entitled to be a member of the relevant Work Health and Safety Committee. These are internal committees that are established under work health and safety legislation.
The Work Health and Safety Act 2011 allows more than one HSR from each workplace to be a member of a Health and Safety Committee. The HSRs in a workplace, and not the ‘person conducting the business or undertaking’ (PCBU), decide who fills the available positions.
As an HSR, you don’t have to be a member of a Health and Safety Committee, but you may find it useful.
HSR elections
The Work Health and Safety Act 2011 allows workers within a business or undertaking to be grouped into work groups so they can elect a member of their group to represent them.
Step one—Ask for an election
Any worker may ask a ‘person conducting a business or undertaking’ (PCBU) to organise an election for one or more health and safety representatives (HSRs).
Step two—Begin negotiations for work groups
As health and safety representatives (HSRs) represent people in a work group, the formation of work groups must be decided before a representative can be elected.
Work groups are formed by negotiation and agreement between the ‘person conducting the business or undertaking’ (PCBU) and the workers that are proposed to form the work group or their representatives.
An HSR may represent workers across more than one business or organisation if all parties agree.
The PCBU must begin negotiations within 14 days of receiving a request from a worker. If a worker asks that a representative, such as a union official, be involved in negotiations then they must be included.
Negotiations must consider:
- the number and composition of work groups to be represented by HSRs
- the number of HSRs (there must be at least one) and deputy HSRs (if any) to be elected for each work group
- the workplace or workplaces to which the work groups will apply.
- the businesses or undertakings to which the work groups will apply, in the case of workers carrying out work for more than one business or undertaking.
Work groups can be negotiated and agreed between one or more PCBUs and their workers, depending on the circumstances.
- One business or undertaking on a single site. For example, a large manufacturing company may establish multiple work groups to ensure shift workers are represented in work health and safety matters.
- One business or undertaking on multiple sites. For example, a telecommunications organisation carrying out work at various sites or a government department with offices in different buildings.
- Workers working for more than one business or undertaking. For example, on construction sites where workers of contractors and sub-contractors work for a principal contractor or in labour hire arrangements where workers work for the on-hire agency and the host business.
If negotiations fail or a PCBU has not started negotiations within 14 days of receiving a request, anyone who is involved in the negotiations can ask that an inspector be called in to determine the work groups. To request an inspector email whs.help@comcare.gov.au or call us on 1300 366 979.
Once the inspector makes a decision, it is taken to be an agreed determination. In other words, the parties are bound by the decision. However, if an affected worker, their representative, a PCBU or HSR does not agree with the decision, they can request the regulator to review the inspector’s decision.
The Worker Representation and Participation Guide provides further information on the formation of work groups.
Step three—Notify workers
As soon as negotiations are complete, the ‘person conducting the business or undertaking’ (PCBU) must advise workers of the outcome of the negotiations and of any agreed work groups.
The notification can be in any form that effectively communicates the outcome, such as by sending an email to all workers who are affected by the outcome.
Step four—Elect HSRs
HSRs and deputy HSRs must be elected by members of the work group they represent. All workers in a work group must be provided with every reasonable opportunity to nominate HSRs and vote in the election.
The workers in each work group can decide the procedure for electing their health and safety representative (HSR). This procedure must comply with requirements set out in part 5 of the Work Health and Safety Act 2011.
The ‘person conducting the business or undertaking’ (PCBU) must provide any resources, facilities or assistance that are reasonably necessary for elections to be conducted.
The election may be conducted by the work group or, if a majority of members agree, with the help of another person or organisation such as a union.
Each work group member is entitled to one vote in the election.
If the number of candidates equals the number of vacancies, an election is not required.
Step five—Notify work group of the outcome
The person who conducted the election must advise the members of the work group and the ‘person conducting the business or undertaking’ (PCBU) of the results of the election as soon as reasonably practicable.
Operating as an HSR
Join our HSR network
Subscribe to our HSR network to receive regular communications including news, events and resources for HSRs and deputy HSRs.
Guides and resources
HSR elections and other information
HSR Helpers outline some of the key issues HSRs face and what can be done.
- HSR Helper – Indoor air quality (PDF, 111.6 KB)
- HSR Helper – Sore eyes in the workplace (PDF, 121.4 KB)
- HSR Helper – Temperature in the office (PDF, 121.3 KB)
- HSR Helper – Electrical safety in the workplace (PDF, 175.7 KB).
Eye health
Provisional Improvement Notification (PIN) form
Updated HSR Handbook available now
Time to perform the HSR role
As a health and safety representative (HSR), you are entitled to spend as much paid work time as is reasonably necessary to exercise your powers and perform your functions under the Work Health and Safety Act 2011.
The PCBU must allow you to take paid time off work to carry out the health and safety representative (HSR) role including to:
- undertake an approved HSR course
- undertake workplace inspections
- be present at an interview about the safety of a worker, the PCBU or an investigator.
Extra help
Whenever necessary, you may ask a person to assist in your health and safety representative (HSR) functions. However, the ‘person conducting the business or undertaking’ (PCBU) is not required to pay for any external assistants who help an HSR at their workplace.
The aim is to enable HSRs to access advice if this is required to assist in carrying out their powers and functions. For example, an HSR may require assistance about:
- how to perform inspections at the workplace
- technical advice to deal with a particular hazard or issue
- how to negotiate agreed procedures.
A PCBU is not required to pay the person who provides assistance.
A PCBU must allow the HSR’s assistants to access the workplace, unless:
- the assistant has had a work health and safety entry permit suspended or revoked, or
- there are other reasonable grounds for refusing entry.
Deputy HSRs
Deputy health and safety representative (HSRs) may also be elected. Deputy HSRs are elected in the same way as HSRs and there may be more than one deputy HSR for a work group.
Provisions of the Work Health and Safety Act 2011 that provide for the term of office, disqualification and immunity of HSRs also apply to deputy HSRs. Deputy HSRs are also entitled to the same training as HSRs.
A deputy HSR may only represent the workers when the elected HSR is unavailable.
Responsibilities others have to HSRs
PCBU’s responsibilities to HSRs
Under the Work Health and Safety Act 2011, the ‘person conducting the business or undertaking’ (PCBU) must ensure that you can exercise your powers and perform your functions.
The PCBU must allow you to take paid time off work to exercise your powers as a health and safety representative (HSR) including to:
- undertake an approved HSR course
- undertake workplace inspections
- be present at an interview about the safety of a worker, the PCBU or an investigator.
Other responsibilities the PCBU has to you are:
- Consulting with you about implementing workplace changes that may affect the health and safety of their workers.
- Providing you with information about risks to the health and safety of workers and resources, facilities and assistance that are reasonably necessary to exercise your powers.
PCBUs have responsibilities around managing a listing of HSRs. They are required to:
- have an up-to-date list of HSRs and Deputy HSRs (if any) for each work group and display this list in the workplace
- submit this list and any changes to Comcare—the list and updates can be emailed to hsr@comcare.gov.au.
Comcare’s commitment to HSRs
We will:
- Maintain a health and safety representative (HSR) handbook to help guide you in your role.
- Conduct compliance checks on workplaces to make sure HSR lists are up to date and lodged with us.
- Where practicable, notify you when Comcare inspectors attend your workplace and invite you to observe our inspection process.
- Attend HSR training courses and provide our insights on the course.
- Ensure HSR training provider information is available on our website.
- Respond to issues and disputes you raise, especially those relating to:
- disputes over PINs issued by HSRs
- use or inappropriate use of powers by HSRs
- training needs for HSRs
- consultation arrangements including work groups and election processes for HSRs.
What to do when you identify an issue
As an HSR, if you identify a health and safety issue and you believe the workplace is not complying with a requirement in the legislation, you should:
- consult with the ‘person conducting the business or undertaking’ (PCBU) in the first instance. This will normally be your team leader, supervisor, manager or principal contractor who is obliged to discuss your concerns with you.
- involve and update your fellow workers on any health and safety matters that concern them.
- ensure that workers can contact you about the issue and that the communication process is an open one.
Work health and safety legislation encourages resolving issues through consultation. Consulting effectively is an important skill you will need in your role.
The WHS Act also encourages PCBUs to agree on issue resolution procedures with their workers. If there are no agreed procedures, the default procedures for issue resolution under the WHS Regulations must be followed. The default procedure includes the minimum requirements for any agreed procedure.
You can inform us of a work health and safety concern or contact us if you have a work health and safety enquiry. Email whs.help@comcare.gov.au or call us on 1300 366 979.
After you contact us, we will respond to you within five business days and advise you of actions that can be taken. We will also let you know if there is another agency or support you can contact. If you are unable to speak with your employer, or do not believe that reasonable efforts are being made to resolve the issue, Comcare may assist in facilitating a resolution.
For more information, see Health and Safety Issue Resolution for HSRs workflow process (PDF, 57.7 KB).
HSR training
Health and safety representative (HSR) training is not mandatory. However, we encourage you to take up the training you are entitled to as it helps build the skills and knowledge to perform your role effectively. Once trained you have the power to issue PINs and direct work to stop.
If you ask for HSR training, the person conducting a business or undertaking (PCBU) must allow you to choose a course approved by the regulator.
The PCBU must then allow you to attend the approved course as soon as reasonably practicable within the period of 3 months after you made the request.
Under the Work Health and Safety Amendment Act 2023 HSR's in the Commonwealth jurisdiction have the freedom to choose their own Comcare-approved training courses. This measure came into effect on 21 September 2023.
HSR training includes:
- A five-day initial course of training. This is required if you who want to exercise your full powers and functions—in particular section 85 and section 90 of the Work Health and Safety Act 2011.
- A one-day refresher training course. This is available for each year of office after you have completed the five-day initial course. It includes ongoing terms of office.
If you have previously been an HSR and are re-elected, you only need to attend the one-day refresher course if you have previously completed the initial five-day training. This does not apply if you have ever been permanently disqualified from a work group.
Initial five-day course
This course develops your skills so you can represent your work group in work health and safety matters and exercise health and safety representative (HSR) powers and functions under the Work Health and Safety Act 2011. It does not qualify you as a work health and safety specialist.
There are 35 hours of training. This can be delivered over five consecutive days or spread over a longer period with sessions being no shorter than one day.
Health and Safety Representative Training Course Requirements guidance (PDF, 2.1 MB) explains what you can reasonably be expected to do or know at the end of the course and includes:
- how the course will be delivered
- what your learning objectives and outcomes are
- course activities
- case studies
- skills practice sessions.
One-day refresher course
Once you have completed the initial five-day course you are entitled to attend a one-day refresher training course each year.
The refresher course should include:
- an overview of the learning outcomes from the five-day course
- any relevant updates to work health and safety legislation
- skills development related to your role, powers, functions and behaviours as a health and safety representative (HSR).
Providers of Comcare-approved HSR training courses
To apply to become a Comcare-approved provider of health and safety representative (HSR) training, see training providers.
Table 1 lists approved providers of HSR training courses for members of agencies and organisations under the Commonwealth legislation with contact details.
| Provider | Contact details |
|---|---|
Advance Consulting and Training Currently have the approval to offer the following courses:
| NSW ACT VIC QLD WA |
AlertForce Pty Limited Currently have the approval to offer the following courses:
| ACT NSW QLD NT VIC Phone: 1800 900 222 |
Australian Council of Trade Unions / Trades and Labour Councils (ACTU/TLC) Currently have the approval to offer the following courses:
| NSW QLD TAS VIC CWU National Office SA WA |
Coastal OHS Services Pty Ltd Currently have the approval to offer the following courses:
| NSW |
Greg Seberry and Associates Pty Ltd Currently have the approval to offer the following courses:
| ACT |
Interactive Training Services Pty Ltd Currently have the approval to offer the following courses:
| VIC |
Konekt Ltd Currently have the approval to offer the following courses:
| ACT Adelaide Web: Health and safety representative training (konekt.com.au) Note: In addition to offering public training courses in Canberra and Adelaide, Konekt can deliver the 5-day training and 1-day refresher training as 'in-house' courses in all states and territories. |
Work Health Safety Training Services Currently have the approval to offer the following courses:
| ACT |
National Safety Council of Australia Currently have the approval to offer the following courses:
| VIC ACT NSW SA WA NT |
PARASOL EMT Pty Limited Currently have the approval to offer the following courses:
| ACT |
TAFE NSW Currently have the approval to offer the following courses:
| NSW |
Training Services Australia Pty Ltd Currently have the approval to offer the following courses:
| WA NOTE: In addition to offering courses at our Mt Lawley Training Centre, we can come to you. 'In-house' delivery is available in all states and territories. Please contact us for a quotation. |
Transport Workers Union of NSW (TWU) Currently have the approval to offer the following courses:
| NSW |
More information
Call us on 1300 366 979 or email whs.help@comcare.gov.au for advice on workplace health and safety issues.
