Delegate and Health and Safety Reps

Role of the Workplace Delegate

The Workplace Delegate plays a vital role in any union. The strength and effectiveness of our union to a large extent depends on your work as a workplace delegate.

As a delegate your duties may include the following tasks;

• Distribute and/or place on the notice board relevant union material;
• Handle member’s basic problems. Your delegate’s manual and files will assist you;
• Make representations on behalf of members as necessary;
• Ensure that working conditions are adequate;

Some basic elements for an effective Workplace Delegate

• Leadership;
• Knowldge;
• Organisation;

Leadership

• Have confidence in your ability to offer leadership
• Remember that you are part of a team. Talk to, and listen to other members on the job. Don’t be
  “pushy”;
• Give regular reports to members on the job. Seek their support on union matters;
• Make sure you are conscientious and competent in your job. A good Workplace Delegate should be seen to be a good worker by both members and management.
• Don’t be afraid or overawed by those in authority. When dealing with management have a firm but
  friendly approach.
• You need to gain the respect of management and your workmates.

Knowledge

• Understand the structure of the union;
• Keep up with current union issues and be able to explain them to members;
• Know who to contact when you need advice or help;
• Maintain files for information to which you can refer when answering member’s questions, handling problems, preparing to make representations to management, etc.

Organisation

• Your leadership and knowledge is helped by effective organisation;
• Be prepared when reporting to members on the job. Make sure that you understand the issues you wish to report on.
• Try to report to members on a regular basis;
• Make use of a union notice board and make sure that you keep it up to date;
• Maintain your files and records for reference.

Finally

Encourage all members to develop their knowledge and skills. Being part of a good union team will make your work easier and the union stronger.

Health and Safety Representatives

A HSR represents the health and safety interests of a work group. There can be as many HSRs and deputy HSRs as needed, after consultation, negotiation and agreement between workers and the persons conducting a business or undertaking (PCBU).

A PCBU must keep a current list of all HSRs and deputy HSRs and display a copy at the workplace. PCBUs must notify WHSQ of their current HSR's by emailing [email protected] or calling 1300 362 128.

The following information should be provided:

• name of HSR
• name of work group
• contact phone number
• work address
• email address
• date elected
• copy of any provisional improvement notice issued by your workplace’s HSR and details of its status (i.e. completed, withdrawn, ongoing). The copy must be provided as soon as practicable after the notice is issued.

If your workplace has multiple HSRs, please use this spreadsheet (XLSX, 10.84 KB) to provide the information. It will be kept secure and used only by us to support HSRs by providing relevant information and advice.

HSRs can issue a provisional improvement notice (PIN) for an issue affecting the work group they represent. From 23 October 2017, a PCBU must provide a copy of any PINs issued by their HSR to the Regulator at [email protected] or by calling 1300 362 128 as soon as practicably possible. Please include a contact phone number and email address for each HSR. This information will not be publicly available.

HSRs can access information held by a PCBU that relates to:

• hazards (including associated risks) at the workplace affecting workers in the work group
• the health and safety of the workers in the work group.

Work groups

What is a work group?

A work group is a group of workers who share a similar work situation; the HSR represents the health and safety interests of the workers in that group. A worker or group of workers can ask the PCBU they are carrying out work for to facilitate the election of one or more HSRs.

How many work groups can exist?

The Work Health and Safety Act 2011 allows for one, or more, work groups at each workplace. The workers and the PCBU can negotiate how many work groups are required for their workplace, based on factors such as:

• the nature of the hazards and risks of the work being carried out
• the areas where work is carried out
• the times when work is carried out.

Refer to section 17 of the Work Health and Safety Regulation 2011 (WHS Regulation) for a full list of factors.

Workers should be grouped in a way that allows the most effective and convenient representation of their health and safety interests. The HSR should be readily accessible to each worker in the group.

For example, a manufacturing workplace may decide that it will have two work groups, reflecting the different health and safety risks of each group:

• one consisting of all workers in the office
• the other consisting of all manufacturing workers.

Similarly, a work group might consist of workers of the same trade, or it might consist of all workers on the night shift. If agreed, workers from multiple businesses all working on a single site can be part of the same work group which could cover:

• contractors
• labour hire staff
• outworkers
• apprentices.

Negotiating to elect a HSR

If a request is made for the election of a HSR, the PCBU must start negotiations with workers regarding work groups within 14 days of that request being made. These negotiations will determine the:

• number and composition of work group(s) at the workplace
• number of HSRs and deputy HSRs
• workplace(s) to which the work group(s) apply.

A PCBU must involve a worker's representative (e.g. union) in the negotiations if asked by the worker. The PCBU must also notify workers as soon as practicable of the outcome of the negotiations. At any time, the parties to a work group agreement may negotiate a variation.

The Union can assist with the convening on an election. If your employer is not forthcoming with convening the election, call your Organiser.

Election and eligibility

The members of a work group elect their own HSR. All members of the work group are able to vote in an election and the PCBU must provide resources and assistance to carry out the election.

To be eligible for election, a person must be a member of the work group and not be disqualified from acting as a HSR. Elections for a deputy HSR are carried out in the same way.

The term of a HSR/deputy HSR is three years. They cease to hold office if:

• they leave the work group
• they are disqualified from being a HSR
• they resign as a HSR
• the majority of members of the group agree the person should no longer represent them.

HSRs can be re-elected. Elections are not needed when the number of candidates is the same as the number of vacancies.

Training

All HSRs must undertake the relevant approved training course within three months of their election. If a worker chooses not to undertake the training within the time period, they will no longer be eligible to fulfil the role of HSR and will need to be replaced.

Contact the Union to find out who is providing recognised approved training. The current HSR training course is five (5) days.

Powers and functions

The role of a HSR

The role of a HSR is generally limited to their own work group unless:

• there is a serious risk to health or safety (created by an immediate hazard) affecting workers from another work group
• a worker in another work group asks for the HSR's assistance, and the HSR for that other work group is found to be unavailable.

An elected HSR is entitled to perform the following tasks for the work group:

• undertake workplace inspections
• review the circumstances of workplace incidents
• accompany a WHSQ inspector during an inspection
• represent the work group in health and safety matters
• attend an interview about health and safety matters with a worker from the work group (with the consent of the worker)
• request that a health and safety committee be established
• participate in a health and safety committee
• monitor compliance measures
• investigate work health and safety complaints from work group members
• inquire into any risk to the health and safety of workers in the work group
• issue provisional improvement notices and direct a worker to cease unsafe work (where the HSR has completed the approved training).

The role of a PCBU

A PCBU must:

• consult on work health and safety matters with any HSRs for the work group
• pay all reasonable costs for relevant courses the HSR requests to attend
• keep a current list of all HSRs and deputy HSRs and display a copy at the workplace
• provide copies of this HSR list and any PINs issued to the Regulator at [email protected] or by calling 1300 362 128
• provide resources, facilities and assistance to enable the HSR to carry out their functions
• allow a HSR to exercise their entitlements during their ordinary working hours.

Displaying a current list of health and safety representatives

Section 74 of the Work Health and Safety Act 2011 states that a person conducting a business or undertaking (PCBU) must ensure that a list of health and representatives and deputy health and safety representatives (if any) for the business or undertaking is prepared and kept up-to-date. A copy of the up-to-date list must be displayed in a way that is readily accessible to workers in the relevant work group or work groups:

• at the principal place of business of the business or undertaking
• at any other workplace that is appropriate taking into account the constitution of the relevant work group or work groups.

A copy of this list must also be emailed to the Regulator at [email protected] or by calling 1300 362 128. Please include a contact phone number and email address for each HSR. This information will not be publicly available.

Health and safety committees (HSC)

A HSC facilitates cooperation between a PCBU and workers in developing and carrying out measures to ensure health and safety at work. This includes health and safety standards, rules and procedures for the workplace.

A PCBU must set up an HSC within two months of being requested to do so by a HSR, or by five or more workers in a workplace, or when required by the WHS Regulation.

A PCBU can also establish an HSC if they desire.

At least half of the members of an HSC must be workers that have not been nominated by the PCBU. A HSR can also consent to be a member of the committee and, when a workplace has more than one HSR, they can choose one or more to be members.

An inspector can be requested to assist this process by any person who is a party to the committee.

An HSC must meet at least once every three months and at any reasonable time at the request of at least half of the members of the committee.