QIEU Chapter Resources: Information Sheet 10
Workplace Health and Safety Representatives (WHSRs)
The Workplace Health and Safety Act 1995 aims to stop workplace ill-health, disease or injury. To help achieve this goal, the Act puts obligations on employers, employees and others. Under the Act, employers must consult with employees. To make consultation more effective, employees may elect Workplace Health and Safety Representatives (WHSRs) to represent them on issues of Occupational Health and Safety (OHS) matters. By electing a colleague to be a WHSR, you can have a say in decisions about OHS. An employer cannot appoint a WHSR; they must be elected by their colleagues. You are entitled to one WHSR, but in some cases more than one may be required. If you wish to elect more than one WHSR, the permission of your employer is required.
Entitlements of WHSRs The WHSR has a number of duties and entitlements as part of their role and the employer must allow them to perform these duties in normal working hours. As part of their role, a WHSR should be permitted to:
Be told by the employer about work injuries, work-caused injuries or dangerous events, review circumstances, make recommendations to the employer and accompany employees to any subsequent interviews (where the employee agrees); Conduct weekly inspections of the workplace for hazards. These inspections can be done more frequently with the permission of the employer; Be consulted by the employer about any proposed changes to the workplace that affect, or may affect, OHS; Assist in the resolution of OHS issues; To be told by the employer when an Inspector from the Department is present at the workplace; Report issues to the Inspector; Seek the employers co-operation in fixing OHS issues; Ask the employer to establish a workplace health and safety committee and to be a member of that committee; and Attend accredited training courses and to have all costs met by the employer.
An employee does not need qualifications or experience to be a WHSR, although information and training is vital in helping the WHSR do their job more effectively.
Last Updated: 06/11/2008
Electing a WHSR Step 1: Discussions with employees Chapter Executive members should arrange discussions with employees about the need to have WHSRs. Consider how many WHSRs you need in your workplace, what training would be required and the election process. If you are looking at having more than one WHSR, you also need to consider who will be responsible for what and how the WHSRs will communicate. Step 2: Negotiate with the employer Once the chapter has decided to elect WHSR, you must tell the employer. Under the legislation, the employer must enter into negotiations with employees about the number of WHSRs needed, their area of representation, the extent of the employers assistance with the election, how often the WHSRs can do inspections and training needed for the WHSRs. Step 3: Getting WHSRs elected The employer is not allowed to choose WHSRs, they must be elected by the employees. To encourage employees to nominate for the position/s, the Chapter should inform them of the role and entitlements of the position and why it is important to have WHSRs. Some employees will be reluctant to be WHSRs because of a variety of reasons. Some of the most common are:
Lack of time; Not knowing anything about OHS; and Worried about being held legally responsible.
In responding to these concerns, Chapter Executives can draw on the following: Lack of time: The legislation provides that the employer must allow the WHSR to carry out their duties in work time. Not knowing anything about OHS: The legislation provides that the employer must allow the WHSRs to undertake training. WHSRs do not need to be experts on OHS issues, they simply represent their colleagues health and safety issues and concerns to management. Worried about being help legally responsible: The legislation provides that the WHSR is not legally responsible for anything they do, or fail to do, as a WHSR. The employer is still responsible for OHS, even if a WHSR is elected. Step 4: Informing the employer You must tell the employer who has been elected as a WHSR as soon as is practical after the election. Under the legislation, the employer is obligated to display the identity of the WHSRs in the approved form and to tell new workers about the identity and role of the WHSRs.
Last Updated: 06/11/2008
The WHSR’s term is for two years. They may be re-elected. A WHSR can resign from the position and stop being the WHSR if they leave their employment at that workplace.
Additional Information? If you would like to know more about Workplace Health and Safety, please contact your union organiser or the union office: Brisbane Office Townsville Office Bundaberg Office
Last Updated: 06/11/2008
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