Frequently asked questions

What training is a HSR entitled to?

HSRs are entitled to attend five days paid training per year - but the representative must make a request to attend training and an approved provider must deliver the training.

HSRs from organisations with less than 10 employees are not automatically entitled to five days training and will need to negotiate the number of days they attend training with their employer.

Do HSRs have a choice of where they go for training?

Yes - HSRs have a choice - but they must consult their employer first before deciding which course to attend.

HSRs in regional locations need to find out if training courses are available in their region. If none are offered it is possible to contact the provider of their choice and ask them if they will deliver the training in the region.

HSRs are entitled to five days paid training per year. Is the training granted on a calendar year, financial year or from the date of appointment as the HSR?

HSRs are entitled to training as soon as they have been elected to the position. The due date for any further training should begin on the anniversary date of the election. For example, a person elected as the HSR on 24 November 1998 should have attended the first level of training before 24 November 1999. They are entitled to attend the second level of training after 24 November 1999.

Who pays for HSR training?

The employer is not legally responsible for paying for HSR training - but, in order to support and assist HSRs effectively perform their role, the employer is expected pay the relevant course fees.

What facilities should a HSR have?

HSRs will generally need:

• A lockable facility e.g. filing cabinet or locker to keep all documentation, records and confidential information secure.
• Access to a photocopier, fax and phone if and when required.
• Access to facilities to undertake research if required.

What resources does a HSR require to enable them to effectively represent their work-group?

HSRs need the following resources:

• Time to perform their functions and consult members in their work-group - this will depend on the issue, urgency, the number of people to be consulted, and the distance from others in the work-group (this should be negotiated with the employer on a case-by-case basis).
• Access to information - for example, a copy of the OHS&W Act and Regulations, company policies and procedures, any relevant Australian Standards, accident/incident statistics, hazard report forms etc.

Do HSR have to keep records?

No, but it's recommended that they do. If HSRs don't keep records and there is a dispute or they need to issue a default notice and an inspector is called in to help resolve the issue the HSR will having difficulty demonstrating that they consulted their employer to resolve the issue if they don't keep records.

What should HSRs be paid if they attend a training course during the day but work permanent night shift or is a part-time / casual worker?

HSRs should be paid the same amount they would have received if they had attended work. This includes shift allowance, regularly paid overtime or any other penalty rates they would have been paid if they had been at work.

What is a HSRs responsibility toward other HSRs from other organisations at my workplace (e.g. security guards, contractors, labour hire staff)?

They don't have any responsibilities toward other HSRs employed by other organisations located at their workplace. However, they should consider keeping the other HSRs informed about issues that affect their work group and may affect the members of the other work group. This will allow them to work as a team to resolve any OHS issue that affects all workers.

Do HSR have to be a union member to be a HSR?

No - any person who is a member of the workgroup can nominate and be elected as the HSR whether or not they are union members.

What is the role of the deputy HSR?

Deputy HSRs fills all responsibilities with the regular HSR is away from the workplace. Deputy HSRs (like all HSRs) must consult their employer about any problem.

Can a HSR represent another work-group?

No - because the other work-group has not had the opportunity to elect that person and they may not know the members or be aware of the OHS issues of the other workgroup.

What training is required for deputy HSRs?

Deputy HSRs are not automatically entitled to paid training - they can negotiate with their employer to attend a training course. It's recommended deputy representatives attend at least the first three days of the level 1 HSR training course.

Can supervisors or managers nominate, vote or be elected as a HSR for their workgroup?

Supervisors and managers can only nominate for, be elected to the position of HSR, or vote in the election if the majority of employees in the workgroup believe it's reasonable and appropriate for them to be considered employees.

How long is a HSR elected for?

HSRs are elected for a three year period effective from the date of their election.

What process must HSRs go through before issuing a default notice?

They should follow the organisations OHS issue resolution process - but if the organisation doesn't have one they should:

1.Raise the issue with their immediate supervisor this can be done verbally or in writing.

2.If the problem has not been resolved, the issue should be raised(verbally or in writing) with a more senior management representative.

3.If the issue is still not resolved raise the matter with the committee. If the committee is not due to meet they can request an extraordinary meeting be held to discuss and resolve the matter.

4.If the matter is not resolved - consult a SafeWork SA Inspector for advice/assistance.

5.If the matter still has not been resolved in the time agreed to by the committee a default notice can be issued.

When can a HSR call in a SafeWork SA OHS Inspector for assistance?

An inspector can be called for assistance and advice at anytime - but the HSR should attempt to resolve the issue internally using their workplace consultative process (raising the issue with the relevant supervisor and health and committee) before formally seeking (issuing a default notice or requesting a workplace visit) the involvement of an Inspector.

How can the elected HSRs help their deputy HSR so they can represent the work group effectively when the elected HSRs is away from the work place?

Elected HSRs should consider keeping the deputy representative informed about issues that have been raised with them, including any information that may assist the deputy to perform their role in the absence of the elected HSR. The HSR and deputy HSR should meet regularly to exchange information.