Deputy HSRs

Health and Safety Representatives (HSRs) play an important role in representing workers on work health and safety (WHS) matters. However, an HSR can only effectively perform that role when they are available to the workers they represent. If an HSR is regularly away from the workplace, (for example, travelling between sites, working remotely, or carrying out other duties), the work group can be left without effective representation when it is needed. This is where a Deputy Health and Safety Representative (Deputy HSR) becomes essential.

Deputy HSRs under the NSW WHS Act

Section 67 of the Work Health and Safety Act 2011 (NSW) provides that a Deputy HSR is elected in the same way as an HSR. If the HSR is unable to exercise their powers or perform their functions because of absence or any other reason, the Deputy HSR assumes the role and has the same powers and functions as the HSR for that period. The Act deliberately uses broad wording to ensure workers continue to have effective representation whenever their elected HSR is unavailable.

Why availability matters

HSRs are expected to represent workers on WHS matters, investigate health and safety complaints, inspect the workplace, inquire into hazards and risks, and consult with the PCBU about health and safety issues.

These responsibilities are practical and workplace-based. Workers need to be able to raise concerns with their HSR, and the HSR needs to understand what is happening in the workplace. If an HSR is off site or otherwise unavailable, they may not be able to respond promptly when issues arise.

Electing and training a Deputy HSR helps ensure someone is available whenever the HSR cannot perform the role.

Supporting effective consultation

A Deputy HSR is more than a backup for annual leave or sick leave. They provide continuity whenever the HSR is unavailable, including while the HSR is:

• working at another site

• attending meetings or training

• carrying out other work duties

• absent for any other reason.

This ensures workers continue to have access to an elected representative when consultation or issue resolution is required.

Deputy HSRs and Health and Safety Committees

Where a Health and Safety Committee (HSC) has been established, Health and Safety Representatives (HSRs) are among the key worker representatives who participate in consultation with the PCBU. Under Section 76 of the Work Health and Safety Act 2011 (NSW), if there is a Health and Safety Representative at a workplace and they consent, they are a member of the Committee. HSRs commonly fulfil this role, however in the absence of an HSR, the Deputy HSRs would help maintain worker representation, attend meetings, or perform HSR’s functions.

A practical safeguard

Many organisations elect an HSR but do not elect a Deputy HSR. Doing so can leave workers without an elected representative whenever the HSR is unavailable.

For workplaces with multiple sites, mobile employees, shift work or HSRs who regularly work away from their work group, electing a Deputy HSR is a practical way to maintain continuous worker representation and support effective consultation under NSW WHS laws.

It is the overarching duty of every organisation to provide a WHS management system that ensures the safety and wellbeing of its workers. If you require support in improving or strengthening your WHS management system, Courtenell can assist through tailored training, consulting services, and management system review. Please contact one of our Training Consultants on 02 9552 2066 or email train@courtenell.com.au