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This page contains frequently asked questions about safety and health representatives.
There are transition arrangements in place for safety and health representatives (SHReps) elected under the previous OSH 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.
Elected safety and health representatives can inspect the workplace or any part of it at agreed times with the employer or, where they have not done so in the preceding 30 days, at any time after giving reasonable notice to the employer. What is ‘reasonable notice’ for an inspection depends on the circumstances at the workplace.
All hazards and risks should be noted on a checklist and reported to employer, although hazards needing quick action should verbally be reported immediately.
Once you have been notified of accident or dangerous injury, you may choose to investigate on your own or agree to a joint investigation with your employer.
Information about conducting an investigation is available on the WorkSafe website.
You are able to issue a Provisional Improvement Notice (PIN).
No, under the Section 33 (3) of the Occupational Safety and Health Act 1984, health and safety representatives are unable to be prosecuted under the Act as you have a function under the act not a duty of care.
Advising management of the views and concerns of your colleagues. To do this effectively you should discusses matters with workers and reach a common views before approaching management.
The function of a safety and health representative is to assist consultation and cooperation between employers and workers.
As a safety and health representative your function within the committee is to:
For more information about safety and health committees see the Formal consultative processes at the workplace guidance note
All records of tasks related to your functions are an important part of being a safety and health representative. It is best practice that you keep a record of the following:
Your employer shall make arrangement for you to be able to store records securely.
When resolving issues you should refer to your company’s procedures, if your company do not have any procedures in place then Section 2.6 of the Occupational Safety and Health Regulations must be followed. Figure 4 of Guidance Note Formal Consultative Process will assist.
The Act requires that employers, safety and health representative and workers should all be involved. If a resolution cannot be reached it must be referred to the committee.
If the issue remains unresolved, either the employer or safety and health representative may request an inspector to attend the workplace. Inspectors only become involved after they have satisfied themselves that an attempt has been made to resolve the matter at the workplace as required but the Occupation Safety and Health Act.
Inspectors can issues improvement or prohibition notice or take whatever action they consider appropriate under the Act.
Yes, you can be disqualified by the Occupational Health and Safety Tribunal if:
Employers’ duties outlined in the OSH Act and regulations include:
A scheme allows workplaces to decide whether a safety and health representative can represent more than one workplace or a distinct unit within the workforce. In addition a ‘scheme’ may provide for a contractor and the people employed by the contractor to be treated as an employee for the purposes relating to safety and health representatives. Example: if a ‘scheme’ allows a contractor and his or her employees be treated as employees then the contractor and his or her employees can vote in the safety and health representative election or be nominated for a position as a safety and health representative.
The employer must invite employees from all identified workplaces, to appoint delegates to consult about the election. The employees may then appoint a delegate to take part in the decision-making process concerning the ‘scheme’. A ‘scheme’ only applies to workplaces where the employer has invited the employees at all identified workplaces to appoint delegates.
The employer and employee delegates need to consider the following matters if they wish to have a ‘scheme’.
Agreements made under a ‘scheme’ must be in writing.
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