Overview: HSR Training (SafeWork NSW)
Making decisions on WHS matters
Workers must be represented in any decisions that an organisation intends to make on matters of health and safety in the workplace. Under WHS law, a business cannot make changes regarding a work health and safety matter without first obtaining feedback from members of the workforce who will or may be affected by those changes. This information is obtained by consulting each member of the workforce and considering their views and recommendations for the matter. Directors must ensure this occurs. More often than not, the root cause of workplace incidents can be traced back to failures in consultation. Examples include management failing to take into account the knowledge and experience of workers about a hazard or risk and then applying the wrong or inadequate resolutions, or consultation not even taking place first. These failures can lead to catastrophes.
Work Groups established for WHS consultation
In large organisations with multiple departments or divisions, a business may choose to create "work groups" for workers who work together or have similar tasks, for the purpose of facilitating consultation on health and safety matters. Organisations consult. Workers are consulted.
Health and Safety Representatives
Health and Safety Representatives (HSRs) are persons who have been elected to represent the people in their work groups. An HSR should have a deputy in the event they are needed off site for their usual duties.
Consultation is mandatory
If a WHS risk or hazard presents itself, whether newly or because of changes to existing control measures, the WHS Act states that the organisation must consult with all persons who may be affected by the WHS matter and get their feedback and input on proposals to resolve any associated hazards and risks, before management makes final decisions to resolve the matter. Management must ensure consultation occurs. Having work groups established for this purpose may help the business to engage and consult all of its workers more effectively.
Training of HSRs
HSR training must be provided upon request by an HSR and be undertaken within 3 months of the request. The SafeWork NSW initial and refresher HSR courses are delivered by an Approved Training Provider (ATP) such as Courtenell.
HSR Frequently Asked Questions
What training is available for a Health and Safety Representative?
Duly elected HSRs are entitled to attend:
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an initial course of training of 5 days that is approved by SafeWork NSW, and
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a SafeWork NSW-approved 1 day refresher course each year, with the entitlement to the first refresher training commencing 1 year after the initial training.
Who can attend HSR training?
Workers who have been elected as the Health and Safety Representative (and deputy HSR) of an established work group can attend HSR Training.
Can managers be HSRs?
No. Managers acting as representatives of the PCBU consult with HSRs on behalf of the business. Senior managers represent the business. HSRs represent workers.
Am I still an "HSR" if my workplace hasn't established work groups for the purpose of WHS consultation?
No. Work groups must be properly established first. Conversely if you have HSRs, then there must be work groups for them to represent, otherwise, this is a misuse of the term "HSR."
Is HSR training "mandatory"?
HSR training is not "mandatory" ... until an elected HSR specifically requests to attend the course of training. From that point the business must provide for and allow the HSR to take the course within 3 months of the request. If the person is a legitimately elected HSR for a legitimately established work group, then the business cannot lawfully refuse. Refer Section 72 of the WHS Act 2011: "The person conducting a business or undertaking must, if requested by a health and safety representative… allow the health and safety representative to attend a course of training…"
Do I need a U.S.I number for this training?
No.
Who pays for the course?
The business must pay for the course and "reasonable costs" to do the training. You are owed your normal pay as an employee of the business for the time spent on the course. (Refer Section 72 of the WHS Act 2011.)
Does the certificate expire?
No. Neither the Initial 5-day HSR or 1-day HSR Refresher course certificates have an expiry. This may change in the future should SafeWork NSW change the course or if the WHS Act or WHS Regulation changes.
Do I have to do the Initial 5-day course to be an HSR?
No. You can be an HSR without having done the official training, but you will not be authorised to issue PINs or issue a direction to cease unsafe work without having completed the official training.
Can I do another course such as a course in WHS risk management or a course to be a health and safety committee member instead of the SafeWork NSW Initial 5-day HSR course to be a qualified HSR?
No. The approved 5-day course is the only SafeWork NSW course that qualifies an elected HSR to exercise the additional powers provided under the WHS Act.
Is the SafeWork NSW Initial 5-day course suitable for the worker representatives of a health and safety committee?
Yes, but because a health and safety committee contributes to developing WHS measures, policies, procedures and plans for the workplace as a whole (not just the concerns of a work group), you may want to consider having all members of the HSC attend HSC-specific training.
Once started, how long do I have to complete the Initial 5-day HSR course?
SafeWork NSW state that an HSR has 6 months to complete the training from the date of their first day of training.
If I do not complete the course within the 6 months, do I have to do the course again?
Yes.
If I do not complete all 5 days of the course, will I get a certificate?
No. You will be issued "Topic Completion Certificates" for the days you attended and completed. E.g. If you completed 3 of the 5 days you will receive three certificates, one for each day.
Who qualifies for the HSR Refresher course?
Any person who has completed the Initial 5-day HSR course may do the HSR Refresher course. (Note, a person who is not an HSR or an HSR who has not completed the initial 5-day HSR training may also sit in on the course unofficially, but they may not participate in the program and will not be registered with SafeWork NSW or certified.
How often do I have to do the HSR Refresher course?
An HSR is entitled to attend an annual refresher course. As with the initial 5-day course, the training must be provided by the business upon the HSR requesting to do the training. (Ref. Section 72 of the WHS Act.)
Can a person who is not an HSR do the Initial 5-day HSR course?
Anyone can do the course, and they will receive the SafeWork NSW certificate. Sometimes managers or supervisors may do the initial 5-day course simply to further their knowledge of WHS law and WHS consultation. The WHS Law states that officers of a business (directors and CEOs) must keep themselves informed and up to date with WHS Law. Directors or CEOs of small businesses including sole traders may find the course useful in this way. HSC members who are new to the subject may want to attend the training to build on their knowledge about WHS consultation, which is crucial to their role as an HSC member.
Is the 1-day HSR Refresher course mandatory?
Only if it is requested by an HSR that they want to do it. At that point it becomes mandatory and must be provided by the business.
Do I have to do the Initial 5-day course to be able to issue PINS or Cease Work directions?
Yes. You cannot issue PINS or issue a direction to cease unsafe work without having completed the SafeWork NSW Initial 5-Day HSR course. (Refer Section 85 and 90 of the WHS Act 2011.)
I did the HSR training before 2023. Do I need to do it again?
Both HSR courses were revised in 2022 by SafeWork NSW, and the new courses have been delivered since 2023. This does not mean you have to redo the Initial 5 day course. Your original certificate is permanent. It might be a good idea to do the new HSR Refresher as there are definitely new things in the course.
Does the HSR Refresher course have prerequisites?
Yes. HSRs must have done the SafeWork NSW Initial 5 Day HSR course to be accepted on the 1-day HSR Refresher course. Participants must present their original certificate for the 5-day course to the trainer on the day of their refresher training. Persons who do not have an original certificate or who have not done the Initial 5-day course will not be allowed to participate in the training.
Who can deliver HSR training?
SafeWork NSW HSR training can only be provided by a SafeWork Approved Training Provider (ATP.) Courtenell is a SafeWork NSW Approved Training Provider for the delivery of the Initial 5 Day, and the 1-day Refresher HSR courses.
Can HSR training be delivered online?
Yes. Courtenell is approved by SafeWork NSW to deliver "virtual" HSR training. Our public virtual HSR courses are delivered using Microsoft TEAMS. There are some additional requirements and limitations in class size to consider if wanting to do HSR training virtually.
Where is HSR training delivered?
Courtenell can deliver HSR training on site (at your premises) or at one of our public venues in Sydney. We have venues in Haymarket in the Sydney CBD, Blacktown in Western Sydney, and at Minto in Campbelltown. We can also deliver HSR training virtually (online) in Microsoft Teams or Zoom.