Electing a HSR

Election term

Health and Safety Representatives (HSRs) are elected for three-years. The election should occur soon after the workgroup has been established.

Timing

A new election should be held if:

• The HSR resigns from the position or is no longer a member of the workgroup.
• The composition of the workgroup significantly changes and at least half of the workgroup members decide a new election should occur.
• Two-thirds of the workgroup are unhappy with the current HSRs performance and decide to elect a new representative.

The date of election for a HSR should be recorded so another election can be held when their term of office expires.

Election processes

Certain processes must be followed when electing HSRs. More details can be found in the following documents.

Sample documents

You can download and edit sample documents for use in your workplace. Two formats are available.

Returning officer

Before an election can be held the workgroup need to appoint a returning officer. Anyone can be a returning officer but half the workgroup must agree on who should fill the position.

Requirements

The returning officer should be someone who:

• Has the trust and confidence of the workgroup.
• Does not wish to nominate for the position.
• Could be a worker in another area or a union official.

You can be selected to act as a returning officer by more than one workgroup. If your work group can't agree on a returning officer, you should contact the Workplace Liason Officers and we will nominate somebody. Once the returning officer has been appointed, they must display a Notice of Election form.

Notice of election form

Once the nominations have been received, the returning officer should confirm with the candidates who they wish to stand for the position. If more than one nomination is received, everyone who is eligible to vote with a ballot paper with all the candidates' names (if more than one nomination is received) in alphabetical order.

The returning officer must keep copies of all material used in the election for six months.

Workgroups

Health and Safety Representatives (HSRs) are elected to represent a group of workers. The first step in getting HSRs in your workplace is to establish workgroups.

Setting up workgroups

It only takes one person to ask for a workgroup to be set up. Once the request has been made, your employer has 14 days to begin consulting you and other workers about how many workgroups there will be and which areas will be represented.

Involvement

Anyone affected by the composition of a workgroup is entitled to a voice when decisions are made. A person who has control over another person's work (managers or supervisors) cannot be involved in decisions about a workgroup unless half of the workers decide it's reasonable.

Self-employed contractors cannot be involved in the decision-making process. All workers in the workgroup, including casual and part-time workers, can nominate and vote in the election of a health and safety representative (HSR).

If any member of a workgroup or union which has members in the workgroup, disputes the election process they can refer the matter to the Industrial Commission to have the dispute resolved.

If you are a member of a union and want them to be involved your employer must consult the union before the work groups are established.

Consider

Before setting up a workgroup there are a few things you should consider:

• The number of workers employed.
• The different types of work performed in the workplace.
• The number of groups of workers performing the same or similar types of work.
• The areas where each type of work is done.
• The distance workers must travel between sites at work.
• The times when certain jobs are performed.
• Overtime or shift arrangements.
• Types of risks involved with particular work performed.

Workgroups should take into account the diverse nature of your workplace and include people with different skills and from different cultural backgrounds.

If the HSR is not able to represent their workgroup effectively members can request the workgroup be changed so it functions better.

Nominations

A notice seeking nominations for the Health and Safety Representative (HSR) position must be displayed in a well-known area in the workplace at least eight working days before the election takes place.

Any worker in a work group can nominate, or be nominated, for the position.

Nominations must be in writing and should be given to the returning officer at least three days before the voting is due to take place.

After the nomination period has closed, and before the voting begins, the returning officer should confirm that all nominees are willing to stand for the HSR position.

Voting and electing

Voting eligibility

All workgroup members, including the candidates, are entitled to vote. Everyone eligible to vote should receive a ballot paper listing all the candidates' names in alphabetical order. A secret ballot must be held if any member of the workgroup requests it.

Counting

Once the votes have been counted, the returning officer must inform the elected person and display a notice of results in the workplace.

HSRs and any deputy representatives must complete a Notification of Election form within 14 days of being elected. They should provide a copy to their employer and  post the original to the Workplace Liason Team.

The form allows us to:

• Provide HSRs with a copy of the Health and Safety Handbook.
• Keep accurate records of the number of representatives elected, type of industry they are employed in and other information to help them develop ways to improve OHS.
• Confirm the HSRs position if anyone wishes to question their status as a representative.