Lessons to be learnt – the importance of HSRs in schools
Health and Safety at work should always be a priority. Staff should have a say in matters that affect their physical and psychological safety.
If we have learnt anything during COVID there is no better time to have (or elect) a Health and Safety Rep (HSR) at your school to legally represent on negotiate on COVID health and safety concerns.
Employers must, in consultation with workers, identify the risks in their workplaces. Specifically they must undertake a risk assessment which involves identifying and assessing the COVID-19 risks in the workplace and considering what measures should be implemented to eliminate or minimise these risks.
A Health and Safety Coordinator or Manager at your school is NOT an elected HSR!
HSRs, work groups and elections
Health and Safety Representatives (HSRs) are elected by groups of workers (called work groups) to represent them and act on their behalf in relation to work health and safety matters. By electing a HSR, workers get more of a say on health and safety issues and receive extra protection under the law. Simply put, workplaces with HSRs are safer workplaces.
Forming a work group is the first step to take before the election of one or more HSRs. A work group should be structured to ensure that an HSR is able to effectively and conveniently represent group members. The IEU Workplace Health and Safety Fact Sheet offers more information on work group elections – you can download this here.
The rights and powers of HSRs are protected by law.
Employers must negotiate with workers and their representatives
Employers must start negotiating with workers and/or their representatives within 14 days of being asked to establish a work group or groups. These work groups may represent one workplace or more than one workplace – eg. more than one school campus. Union representatives or any other person that a worker nominates to represent them must be involved in negotiating work group formation.
Consultation and communication are vital
Workers and HSRs must be consulted regarding how public health orders will be implemented at work, what risk control measures are necessary to control the risk of the virus spreading including any decisions being made around vaccinations.
Health and safety law is based around the assumption that communication and consultation are essential to improving working conditions. Everyone has a contribution to make. As a representative of the workgroup, HSRs need to be talking with members of the work group about their health and safety concerns and represent these concerns to management.
Consultation requires the sharing of ideas and taking those ideas and/or suggestions into account when making decisions. So, consultation is more than talking to workers. It is not enough for management to talk to HSRs and workers about “what” they are doing – that is an exchange of information – it is not consultation. It is also not just providing draft documents for feedback because this can narrow the options for dealing with health and safety issues and input from workers.
What is the core role of a HSR
The core role of a HSR is to:
- represent members of their work group concerning health and safety
- monitor health and safety compliance by employer(s)
- raise health and safety concerns with the employer on behalf of their workgroup
- work to resolve health and safety issues with the employer on behalf of their workgroup.
Employers must provide reasonable resources, facilities and support to enable the conduct of the election, support the role of HSRs and display a list of elected HSRs at your workplace. HSRs have the right to undertake training and the time to undertake their functions in representing their work group.
If an HSR has completed an approved HSR training course, they can exercise particular powers to:
- direct unsafe work to stop when there is reasonable concern that carrying out the work would expose workers of the work group to a serious risk
- issue a Provisional Improvement Notice (PIN) when they reasonably believe that there is a contravention of the Act.
HSRs are not personally liable for actions or omissions when done in good faith whilst exercising powers or functions reasonably believed authorised under the Act. There is no legal duty or obligation for a HSR to perform functions or use the powers set out in the Act.
The IEU can assist HSRs and workers to exercise their rights to implement effective protections, this can include providing advice about health and safety or assisting worker elected health and safety representatives to issue legally enforceable directions PINs to implement a particular safety measure.
Protect your job and your workplace – become and HSR. Contact the IEU and we will assist you with the process and provide advice as required – 8410 0122 or enquiries@ieusa.org.au
Sources
https://www.australianunions.org.au/factsheet/consulting-workers/
https://www.australianunions.org.au/campaign/covid-aware/