PCBU Interaction with HSRs
This article deals with the specific details of what a PCBU must consult on with Health and Safety Representatives as found in section 70 of the WHS.
You may care to check whether the requirements below are being complied with in your workplace.
HSRs and PCBUs – Section 70 WHS Act
A PCBU must:
consult with any HSR about WHS matters that affect their workgroup,
confer with a HSR, so far as reasonably practicable, whenever reasonably requested by that HSR, for the purpose of ensuring the health and safety of the workers in the HSR’s work group,
allow a HSR to have access to information that the PCBU has about:
(a) hazards (including associated risks) at the workplace affecting workers in the HSR’s work group, and
(b) the health and safety of the workers* in the HSR’s work group,
allow a HSR, with the consent of a worker that the HSR represents, to be present at an interview concerning work health and safety between the worker and a SafeWork Inspector, or the PCBU or the person’s representative**.
allow a HSR, with the consent of one or more workers that the HSR represents, to be present at an interview concerning work health and safety between a group of workers, which includes the workers who gave the consent, and an inspector, or the PCBU, or the person’s representative.
provide any resources, facilities and assistance to a HSR that are reasonably necessary or prescribed by the regulations to enable the HSR to exercise his or her powers or perform his or her functions under the WHS Act,
allow a person assisting** a HSR for the work group to have access to the workplace if that is necessary to enable the assistance to be provided,
permit a HSR for the work group to accompany an inspector during an inspection of any part of the workplace where a worker in the work group works,
provide any other assistance to the HSR for the work group that may be required by the regulations,
allow a health and safety representative to spend such time as is reasonably necessary to exercise his or her powers and perform his or her functions under this Act,
pay a HSR his usual pay for any time spent for the purposes of exercising his or her powers or performing his or her functions under the WHS Act.
* Worker’s personal or medical information – section 70 and 79 (4) WHS Act
“The PCBU must not allow a HSR to have access to any personal or medical information concerning a worker without the worker’s consent unless the information is in a form that:
(a) does not identify the worker, and
(b) could not reasonably be expected to lead to the identification of the worker.”
** Person’s Representative – See definition of “representative” in Section 4 the WHS Act “representative, in relation to a worker, means:
(a) the health and safety representative for the worker, or
(b) a union representing the worker, or
(c) any other person the worker authorises to represent him or her.”
31st July 2018