Health and safety representatives, work groups and HSR ... · Work Health and Safety Act 011 (WHS...
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Work Health and Safety Act 2011 (WHS Act) Work Health and Safety Regulation (WHS Regulation) FACT SHEET HEALTH AND SAFETY REPRESENTATIVES, WORK GROUPS AND HSR ELECTIONS A worker may request that a health and safety representative (HSR) be elected to represent them, or other workers, on health and safety matters at the workplace. If such a request is received, you, as the business owner or employer, must facilitate the formation of at least one work group for the HSR to represent. FORMING WORK GROUPS • Work groups are formed by negotiation between you and the workers - or their representatives (Eg a union) - who will form the work group. • You must take all reasonable steps to commence negotiations with the workers within 14 days after a request to elect a HSR is made. • Negotiations will decide: – the number and composition of work groups to be represented by HSRs – the number of HSRs and deputy HSRs (if any) to be elected – the workplace to which the work groups will apply – the businesses to which the work groups apply. • When forming or changing work groups, consider: – the number of workers – the views of the workers – the type of work carried out – the number and grouping of workers who carry out the same or similar types of work – the areas or places where each type of work is carried out – the extent to which any worker must move from place to place while at work – the diversity of workers and their work – the hazards and risks to health and safety at the workplace – whether workers are employees or contractors – whether the work is full-time, part-time, casual or short term – the times at which work is carried out and any arrangements at the workplace relating to overtime or shift work. • After negotiations are complete, you must notify the workers of the outcome, and of any variations to the agreement. HSR ELECTIONS • The workers in a work group may decide how an election of a HSR is to be run (eg – it can be informal with a show of hands, or formal with the use of ballots). • You must take all reasonable steps to ensure: – all relevant business owners or employers are informed of the election date as soon as practicable after the date is determined – all workers in the work group have the chance to nominate for the position of HSR (unless they have been disqualified) and vote in the election – all workers in the work group and all relevant business owners or employers are informed of the election outcome. • If there is more than one work group, there must be separate HSR elections for each one. • If the majority of workers in the work group agree, a union or other person or organisation may assist in conducting the election. • You must provide reasonably necessary resources, facilities and assistance to enable elections to be conducted. • An election is not required if the number of HSR nominees equals the number of HSR vacancies. • A HSR for a work group holds office for three years. Disclaimer This publication may contain information about the regulation and enforcement of work health and safety in NSW. It may include some of your obligations under some of the legislation that SafeWork NSW administers. To ensure you comply with your legal obligations you must refer to the appropriate legislation. Information on the latest laws can be checked by visiting the NSW legislation website www.legislation.nsw.gov.au This publication does not represent a comprehensive statement of the law as it applies to particular problems or to individuals or as a substitute for legal advice. You should seek independent legal advice if you need assistance on the application of the law to your situation. This material may be displayed, printed and reproduced without amendment for personal, in-house or non-commercial use. Catalogue No. SW08660 SafeWork NSW, 92–100 Donnison Street, Gosford, NSW 2250 Locked Bag 2906, Lisarow, NSW 2252 Customer Experience 13 10 50 Website www.safework.nsw.gov.au © Copyright SafeWork NSW 0917
Transcript of Health and safety representatives, work groups and HSR ... · Work Health and Safety Act 011 (WHS...
Work Health and Safety Act 2011 (WHS Act) Work Health and Safety Regulation (WHS Regulation)
FACT SHEET
HEALTH AND SAFETYREPRESENTATIVES,WORK GROUPS AND HSRELECTIONSA worker may request that a health and safety representative (HSR) be elected to represent them, or other workers, on health and safety matters at the workplace.If such a request is received, you, as the business owner or employer, must facilitate the formation of at least one work group for the HSR to represent.
FORMING WORK GROUPS• Work groups are formed by
negotiation between you and the workers - or their representatives (Eg a union) - who will form the work group.
• You must take all reasonable steps to commence negotiations with the workers within 14 days after a request to elect a HSR is made.
• Negotiations will decide:
– the number and composition of work groups to be represented by HSRs
– the number of HSRs and deputy HSRs (if any) to be elected
– the workplace to which the work groups will apply
– the businesses to which the work groups apply.
• When forming or changing work groups, consider:
– the number of workers
– the views of the workers
– the type of work carried out
– the number and grouping of workers who carry out the same or similar types of work
– the areas or places where each type of work is carried out
– the extent to which any worker must move from place to place while at work
– the diversity of workers and their work
– the hazards and risks to health and safety at the workplace
– whether workers are employees or contractors
– whether the work is full-time, part-time, casual or short term
– the times at which work is carried out and any arrangements at the workplace relating to overtime or shift work.
• After negotiations are complete, you must notify the workers of the outcome, and of any variations to the agreement.
HSR ELECTIONS• The workers in a work group
may decide how an election of a HSR is to be run (eg – it can be informal with a show of hands, or formal with the use of ballots).
• You must take all reasonable steps to ensure:
– all relevant business owners or employers are informed of the election date as soon as practicable after the date is determined
– all workers in the work group have the chance to nominate for the position of HSR (unless they have been disqualified) and vote in the election
– all workers in the work group and all relevant business owners or employers are informed of the election outcome.
• If there is more than one work group, there must be separate HSR elections for each one.
• If the majority of workers in the work group agree, a union or other person or organisation may assist in conducting the election.
• You must provide reasonably necessary resources, facilities and assistance to enable elections to be conducted.
• An election is not required if the number of HSR nominees equals the number of HSR vacancies.
• A HSR for a work group holds office for three years.
DisclaimerThis publication may contain information about the regulation and enforcement of work health and safety in NSW. It may include some of your obligations under some of the legislation that SafeWork NSW administers. To ensure you comply with your legal obligations you must refer to the appropriate legislation.Information on the latest laws can be checked by visiting the NSW legislation website www.legislation.nsw.gov.au
This publication does not represent a comprehensive statement of the law as it applies to particular problems or to individuals or as a substitute for legal advice. You should seek independent legal advice if you need assistance on the application of the law to your situation.This material may be displayed, printed and reproduced without amendment for personal, in-house or non-commercial use.
Catalogue No. SW08660 SafeWork NSW, 92–100 Donnison Street, Gosford, NSW 2250 Locked Bag 2906, Lisarow, NSW 2252 Customer Experience 13 10 50 Website www.safework.nsw.gov.au© Copyright SafeWork NSW 0917
