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If you have work groups you must have HSRs

  • May 11, 2023
  • 2 min read

Updated: 4 days ago


In the context of Workplace Health and Safety, a business cannot have formal "work groups" without also having Health and Safety Representatives (HSRs). Under WHS law, the entire legal purpose of establishing a work group is to elect an HSR to represent that group.


Workers must be represented in any decisions an organisation intends to make regarding health and safety. A business cannot simply introduce changes without first obtaining feedback and input from the members of the workforce who may be affected. Officers of the business (such as Directors) hold a primary duty to ensure this consultation occurs.


However, it is often impractical for management to consult every individual worker directly, especially through surveys, emails, or phone calls when a WHS matter is urgent or critical. To solve this, the WHS Act 2011 allows a workplace to be divided into formal "work groups" composed of workers who perform similar tasks.


Sections 51–58 of the Act outline the requirements for establishing these work groups. Crucially, the law dictates that once a work group is formed, the workers must elect an HSR to represent them (Sections 60–67).

There must be at least one HSR for every established work group; the two concepts cannot be separated.


HSRs act as a vital, legal two-way communication channel:


  • For Management: They provide a centralised point of contact to distribute information and gather workforce feedback efficiently.


  • For Workers: They ensure frontline safety concerns are accurately communicated to management so that informed, legally compliant decisions can be made.


Because Directors and officers can be held personally liable for a failure to consult, ensuring that HSRs are actively elected, available, and "on the job" is a critical risk-management strategy. Effective consultation can truly be a matter of life or death.


To ensure compliance and workplace safety, businesses should support their HSRs by enrolling them in the SafeWork NSW 5-day HSR training course, equipping them with the knowledge required to effectively execute their role.


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 reviews.

Please contact one of our Training Consultants on 02 9552 2066 or email train@courtenell.com.au.




References:

1. SafeWork NSW: “Workgroups”




11th May 2023


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