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Tel: 1300 307 877
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A health and safety representative (HSR) is elected by their work group under the Work Health and Safety Act 2020 (WHS Act) to represent workers in work health and safety (WHS) matters.
A worker can ask the person conducting the business or undertaking (PCBU) to conduct an election for one or more health and safety representatives (HSRs).
The PCBU must then begin negotiations to determine one or more work groups of workers within 14 days.
A work group is determined by negotiation and agreement between the PCBU and workers (or workers’ representative/s). Work groups may be formed for workers carrying out work for more than one PCBU at more than one workplace. Each work group will be represented by one or more HSR.
This negotiation will decide the:
Negotiations should aim to group workers in a way that:
The PCBU must inform workers of the outcome of the negotiations, and the determined work groups.
If negotiations fail, anyone affected may ask the regulator to appoint an inspector to determine the work groups.
The workers in a work group may decide how the election of HSR/s for the work group is conducted.
The person conducting the election must take all reasonable steps to ensure:
A worker is eligible to be elected as an HSR for a work group if they:
If the number of candidates for election as an HSR equals the number of vacancies, the election does not need to be held and each candidate is taken to have been elected as an HSR for the work group.
An HSR for a work group holds office for three years unless they:
Deputy HSRs are elected in the same way as an HSR for the work group.
A deputy HSR may exercise the powers or perform the functions of an HSR if the HSR of the work group ceases to hold office or is unable to fulfil their role (e.g. due to absence).
Transition arrangements are in place for safety and health representatives (SHReps) elected under the Occupational Safety and Health legislation.
If formally appointed and their remaining term of office is:
If an elected safety and health representative has not been formally appointed by the date that the WHS laws commence: term of office is 12 months.
Contact WorkSafe on 1300 307 877 or communityeducationofficers@dmirs.wa.gov.au
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