1. SESSION 2
Key points
Module 4 covers consultation requirements under the WHS Act and relies on participants having completed Modules 1 – 3 of this course.
The module covers the changes that have occurred in relation to consultation, representation and participation under the WHS Act. Consultation is now required between duty holders and is to be conducted in a co-operative and coordinated manner.
OHS Representative and OHS Committees have changed to being called Health and Safety Representative (HSRs) and Health and Safety Committees (HSCs). Their role and powers in relation to consultation have also changed. Deputy HSRs and WHS entry permit holders (previously authorised representatives) are also new terms with roles in work health and safety consultation.
The module discusses the changes that have occurred in relation to consultation arrangements under the WHS Act. Consultation is now required between duty holders and is to be conducted in a co-operative and coordinated manner.
Background References
Model WHS Act Part 5, 6 and 7
Model WHS Regulations Chapter 2
How to consult on work health and safety: Code of Practice
Reference to specific parts of the model WHS legislation are listed on the bottom of each slide.

2. Key changes from current
NSW OHS legislation
Wider duties for consultation and greater powers are given under consultation arrangements in the WHS Act.
Key changes include:
Health and Safety Representatives (HSRs) and deputy HSRs with their role focused on resolving specific work health and safety issues for their workgroup;
Health and Safety Committees – a change in their current role to one as the forum for consultation on the management of health and safety across the whole workforce;
Consultation, co-operation and co-ordination between duty holders;
Key points
Consultation under the WHS Act between duty holders has been expanded to ensure that all persons who may impact on work health and safety contribute to the management of health and safety e.g. suppliers, persons in control of the workplace, other PCBUs.
The WHS legislation changes the focus from the employer-employee relationship to that between PCBUs and workers (both terms having much broader definitions). This now requires wider consultation to occur, helping prevent gaps in the management of work health and safety.
The role of OHS Committees has changed with their focus shifted away from specific issues to allow managers and workers to work together to consider health and safety across the workplace .
HSRs replace OHS Representatives and have expanded powers that can only be used when persons are appropriately trained. Deputy HSRs have been included in the consultation process to ensure work health and safety isn’t overlooked where/when the usual HSR cannot act in their role, provided they have also received appropriate training.
WHS entry permit holders (previously authorised representatives) will also be able to contribute to consultation on health and safety in the workplace, will maintain a union presence and provide access to assistance for workers and HSRs .
All duty holders that may impact on work health and safety are required to consult with each other in a cooperative and coordinated manner.
The WHS Act ensures consultation in the workplace can occur where multiple businesses operate e.g. building managers, business owners, contractors if negotiated and agreed to by relevant parties.
Background References
Model WHS Act: Part 5, 6 and 7
Model WHS Regulations: Chapter 2
How to consult on work health and safety: Code of Practice
WHS Act Part 5, 7

3. Key changes from current
NSW OHS legislation
Consultation involving multiple-business work groups;
The role of WHS entry permit holders (union representatives);
Resolution process requirements;
Issuing of Provisional Improvement Notices (PINs) and directing unsafe work to cease by trained HSRs;
Ceasing unsafe work by workers; and
Terms of office and training for HSRs, HSC members and WHS entry permit holders.
Key points
HSCs (replacing OHS Committees) can be established at the request of a HSR or 5 or more workers and where workers and the PCBU agree. The PCBU can also choose to establish a HSC. HSCs must include HSRs if they agree.
The focus of HSCs is more on being the forum for consultation on the business wide management of health and safety.
The WHS Act provides for workers to cease what they believe to be unsafe work under certain conditions and when doing so, are afforded the protection of the law (ceasing work is discussed later in the course).
Terms of office and training requirements have changed from current arrangements. HSRs, deputy HSRs and WHS entry permit holders must be appropriately trained before exercising their powers.
Background References
Model WHS Act Part 5, 6 and 7
Model WHS Regulations Chapter 2
How to consult on work health and safety: Code of Practice
WHS Act Part 5

4. Duty to consult workers
The PCBU is required, so far as is reasonably practicable, to consult with workers:
who work for the business or undertaking or
are likely to be directly affected by a work health and safety matter.
Workers include contractors, subcontractors, labour hire and volunteers.
When may it be considered not ‘reasonably practicable’ to consult?
Key points
The law expects a ‘sensible and proactive approach’ to consultation. Safe Work Australia is developing further guidance around what is considered to be ‘reasonably practicable’ e.g. draft Code of Practice for Consultation . There is already some guidance in the WHS Act s18 as to matters that should be considered when determining what is ‘reasonably practicable’ in ensuring health and safety. The draft Code of Practice for Consultation also gives some guidance and examples.
The PCBU is required to consult with all workers that are likely to be directly affected by their work activities. This includes establishing arrangements that include contractors, temporary staff, volunteers, work experience students etc. Persons with special needs, such as young or isolated workers, workers with limited English etc. must also be considered.
Some situations may arise where it is not practicable to consult e.g. where a hazard imposes an immediate and serious risk, and the PCBU may be required to take immediate action e.g. replacing equipment. Discuss other times when this may occur e.g. workers away on long service leave when work activities are going to be changed that may directly impact on their health and safety on their return.
The Consultation Code of Practice (see below) provides practical guidance on how some of these situations may be addressed. Other Codes of Practice also provide practical advice (see below) with additional Codes and guidance material currently being developed.
Background References
Model WHS Act Part 5, Part 6
How to consult on work health and safety: Code of Practice
Worker Representation Handbook (under development)
How to manage Work Health and Safety Risks: Code of Practice
Work Environment and Facilities: Code of Practice
WHS Act s47 (1)

5. Duty to consult workers
The WHS Act requires that the views of workers and Health and Safety Representatives must be taken into account before making a decision on a health and safety issue.
The nature of consultation and when consultation is to occur remain the same as current requirements.
Consultation procedures are to be used:
where they have been agreed to by a
PCBU and the workers; and
they are consistent with the required
‘nature’ of consultation.
Key points
Discuss the benefits of sharing information – previous experiences both good and bad, potential issues and situations that could be considered.
While consultation does not require consensus or agreement it does allow workers to contribute to decisions on health and safety issues.
A PCBU doesn’t have to agree to solutions or perceived risks regarding issues raised by workers in the consultation process. But they are required to ensure that workers are provided with the opportunity to contribute and consider the information provided.
Discuss how a PCBU can demonstrate that they have taken the views of workers into account e.g. by providing feedback, explaining why a particular solution is selected, discussing short and long term solutions.
Background References
Model WHS Act Part 5, Part 6 s48 and s 49
How to consult on work health and safety: Code of Practice
WHS Act s48 and s49

6. Nature of consultation
Consultation requires:
sharing of health and safety information
providing workers with a reasonable opportunity to:
Express their views
Raise work health and safety issues
Contribute to the decision making process
taking the views of workers into account
advising workers on the outcome in a timely manner.
An elected HSR of the workers must also be involved in consultation.
How and when can workers be provided with opportunities for consultation on health and safety issues?
Key points
Discuss the type of information to be shared e.g. changes in products, work methods, equipment or substances to be used, monitoring methods.
Discuss times when opportunities could be provided for worker participation e.g. pre-purchase assessments, development of Safe Work Method Statements (SWMS), changes in work processes or activities, during reviews.
Discuss times when health and safety issues can be raised e.g. team meetings, with HSRs, toolbox talks.
A PCBU can ensure that the best decision is made by taking the views of workers into consideration as part of the process.
The PCBU is now required to advise workers of the outcome of a decision within a relevant timeframe – this timeframe will be dependent on such things as the level of expertise required in making a decision, the level of risk associated with the matter etc.
Note: The relevant HSR must be involved in consultation – this should occur through the agreed consultation procedures.
Background References
Model WHS Act Part 5, Part 6 s48 and s 49
How to consult on work health and safety: Code of Practice
Worker Representation Handbook (under development)
How to manage Work Health and Safety Risks: Code of Practice
Work Environment and Facilities: Code of Practice
WHS Act s48

7. When consultation is required
Consultation is required when :
identifying and assessing risks to health and safety
deciding ways to eliminate or minimise those risks
deciding on the adequacy of facilities for worker welfare
proposing changes that may affect the health and safety of workers
How can workers be involved in identifying and assessing risks and the ways in which they are to be eliminated or minimised?
Key points
Discuss times when risks are identified and assessed e.g. Job Safety Analysis (JSAs), development of SWMS, pre-purchase assessments, during consultation meetings, inspections and incident investigations and how consultation can occur at these times.
Consultation when determining how a risk is to be eliminated or minimised is important as workers can contribute their knowledge and experience, help anticipate potential issues and indicate how these could be addressed.
Facilities for workers are addressed in the model WHS Regulations and a draft Code of Practice (see below).
Changes in the workplace that can impact on the health and safety of workers include changes in work layout, work organisation, work procedures, plant and substances used, the way in which workers are engaged e.g. temporary staff etc.
Background References
Model WHS Act Part 5, Part 6
How to consult on work health and safety: Code of Practice
Worker Representation Handbook (under development)
How to manage Work Health and Safety Risks: Code of Practice
Work Environment and Facilities: Code of Practice
WHS Act s49

8. When consultation is required
when deciding on procedures for:
consulting with workers
resolving work health and safety issues
monitoring workers’ health
monitoring conditions at any workplace under the management or control of the PCBU
providing information or training for workers
other activities as described under the regulations.
Key points
Procedures should be in writing and readily accessible to all workers.
The procedures are to be agreed to between the PCBU and the workers of the PCBU.
The times when workers will be consulted and how this will occur should be included in the organisation’s consultation procedures. Review is required to ensure that consultation is occurring and is effective.
A PCBU is required to establish procedures for resolution of health and safety issues. Where these are not put in place there is provision for a default procedure in the model WHS Regulations (discussed in a later module).
Procedures should clearly indicate the role of HSRs, deputy HSR and HSCs where they are selected and any other parties involved.
Background References
Model WHS Act Part 5, Part 6
How to consult on work health and safety: Code of Practice
WHS Act s49

9. Duty to consult workers
Consultation is a two way process that should occur in a ‘timely’ manner and involves:
Talking to all involved parties about health and safety issues
Listening to others’ concerns and raising your own
Seeking and sharing others’ views and relevant information
Considering what workers and relevant others say before making a decision.
How would you describe ‘timely’?
Key points
Consultation is a two-way process that involves matters such as:
‘Active listening’ – engagement in the conversation, asking for further explanation and clarification where required.
Being empathetic - putting ourselves in the other person’s position and looking at their concerns from their perspective. For example, workers considering the need for PCBUs to satisfy a number of parties e.g. employees, contractors and customers; PCBUs considering that changes to work activities without adequate information can cause concern amongst workers.
Gathering as much information and experience as possible to help make the best informed decisions.
Informing others of our concerns – a manager can’t address an issue if they don’t know that it exists; a worker will find it difficult to follow a procedure if they have had no input into how it is to be done and have experience of ways in which the task could be done in a different manner.
Feed back is essential otherwise people can mistakenly believe that their views have not been considered and taken into account.
Having the discussion in a timely manner is critical – if a person is given insufficient time to consider and respond valuable information may be left out of the decision making process.
Involving all relevant parties, including other duty holders helps ensure that all parties take ownership of health and safety.
Background References
Model WHS Act Part 5, 6 and 7
Model WHS Regulations Chapter 2
How to consult on work health and safety: Code of Practice
Consultation Code of Practice: Chapter 2

10. Arrangements for consultation
Options available for consultation as agreed to between PCBUs and workers include:
Health and Safety Representatives (HSRs) and Deputy HSRs to represent various workgroups;
Health and Safety Committee (HSC) – HSR and deputies must be members (unless they choose not to be on the Committee); and
Other arrangements e.g. direct consultation through
regular team meetings.
WHS entry permit holders can assist in establishing consultation
arrangements and consult with members/eligible members on
health and safety issues.
Key points
Options for consultation must be negotiated between PCBUs and workers.
HSRs and deputy HSRs are to be elected in accordance with the requirements of the WHS Act.
Workers may agree to establish a HSC made up of workers and management. HSR and deputy HSRs can form part of this Committee if they consent to do so. The establishment of a HSC can be requested by a HSR or more than 5 workers. The PCBU can also choose to set up a HSC.
Existing Committees can remain as can OHS Representatives representing workgroups that meet the requirements of the WHS Regulations.
Discuss that the role of HSCs and HSRs differs from current role for OHS representatives and OHS Committees – increased powers for HSRs and different functions for HSCs.
PCBUs are required to display a list of HSRs and deputy HSRs in a prominent place in the workplace that is current and readily accessible to all workers e.g. contractors and forwarded to the regulator.
WHS entry permit holders and other persons are entitled to assist HSRs in the workplace.
Appendix B in the Code of Practice for Consultation (Safe Work Australia) includes a checklist that can be used to check for compliance of consultation arrangements
Existing procedures for consultation are likely to already be in place in most workplaces that are compliant with current NSW OHS legislation. The new roles and powers pertaining to HSRs, HSCs and WHS entry permit holders should be addressed in consultation procedures.
Where the PCBU and workers agree, these procedures can be reviewed and revised to cover the additional requirements in the new WHS legislation and continue to be utilised in the workplace.
Other arrangements, such as direct consultation, may be the most suitable option in some workplaces but still need to adhere to the requirements for consultation e.g. how and when consultation should occur. This could be through team meetings, toolbox talks on construction sites, directly with supervisors, through s etc.
Background References
Model WHS Act: Part 5, Part 6
Model WHS Regulations: Chapter 2
How to consult on work health and safety: Code of Practice
Fair Work Australia Act 2009 (right of entry)
WHS Act Parts 5 and 7

11. Duty to consult with other duty holders
Each person who has a duty to ensure the health and safety of persons at a place of work must , so far as is reasonably practicable,
consult
co-operate and
co-ordinate activities with other duty holders to do so.
This will help remove any gaps in work health and safety.
How might duty holders meet this requirement to consult, co-operate and co-ordinate activities?
Key points
In workplaces where more than one person holds a health and safety duty (e.g. a situation where a building owner, the business owner, the supplier of chemicals or plant are all involved in work activities and the workplace), each duty holder is now required to consult, cooperate and coordinate activities with other duty holders.
The intention of this requirement is to ensure that activities are coordinated and planned in such a way that gaps in health and safety management across all aspects of a business or undertaking will be eliminated or minimised.
The duty to consult with other duty holders requires each duty holder to cooperate e.g. share information on the potential hazard such as substances to be used; coordinate e.g. undertaking planning for the installation and commissioning of new plant and consult e.g. discuss ways in which to minimise hazards in the particular workplace.
Examples could include:
Consultation is required between a labour hire company and the business engaging the worker. The labour hire workers are now considered to be workers of the host PCBU. Therefore both PCBUs are required to consult, cooperate and coordinate activities.
Where a worker is required to enter another PCBUs’ workplace, consultation between the PCBUs regarding information on potential hazards, inductions and emergency information can be undertaken.
Background References
Model WHS Act: s46
How to consult on work health and safety: Code of Practice
WHS Act s46

12. Consultation procedures and arrangements
Consultation between
duty holders
Duty holder
e.g. Site controller
Duty holder
e.g. Business owner
Duty holder
e.g. Labour hire company
Consultation procedures and arrangements
e.g. Emergency procedures, work arrangements
Key points
Duty holders are required to exchange information in an open manner to ensure that all areas of health and safety are addressed in a workplace.
Each PCBU is required to consult with their workers.
In situations where more than one person has a duty, each person is required to consult to ensure that they meet those duties.
Consultation could involve sharing of information about hazards of the work environment and work activities such as plant movements, work arrangements, substances used and how the associated risk are to be minimised.
Cooperation and coordination could involve the planning and coordination of activities to minimise the risks associated with planned and unplanned interactions. It could, for example, be a planned and coordinated approach to managing emergency situations.
Background References
Model WHS Act: Part 5, Part 6
How to consult on work health and safety: Code of Practice
Consultation
e.g. sharing of information on potential hazards
Co-operation
e.g. management of interactions between workers
Co-ordination
e.g. planning and organising work activities
WHS Act s46

13. Determination of workgroups of a PCBU
A worker requests a PCBU to facilitate the election of HSR/s and deputy HSR.
 Negotiations are
to commence
within 14 days
of request.
 Unions can assist in
the determination of
workgroups and in
the election process.
The PCBU or PCBUs and workers negotiate the
determination of one or more workgroups.
Negotiations are to be conducted to determine:
the number and composition of workgroups
the number of HSRs and deputy HSRs to be elected
the workplace/s to which the workgroups apply
the businesses or undertakings to which the workgroups will apply
 A workgroup may
be determined
for workers at one
or more workplaces.
Key points
The slide represents situations where there is only one PCBU. Where there are multiple PCBUs then negotiation of workgroups would involve multiple PCBUs and the workers.
The criteria for determining workgroups is outlined in WHS Regulations and is similar to the current criteria used to establish workgroups with some additional considerations.
Discuss with participants matters to consider in determining workgroups and how this might apply in their workplace e.g. with changes to the definition of workers and requirements for consultation between duty holders (see Fact Sheet).
Discuss with participants where they currently have OHS Representatives and an existing OHS Committee how they already represent workgroups and the arrangements can be easily adapted to the new requirements.
Situations that will require review are those where other persons now considered workers such as labour hire employees, volunteers and contractors work. In these circumstances, workgroups may need to be modified or additional workgroups may need to be considered.
Notification of the outcomes of negotiations must occur as soon as reasonably practicable.
Background References
Model WHS Act Part 5, Part 6
WHS Regulations 2.1.
How to consult on work health and safety: Code of Practice
The PCBU must
notify
workers of
any variations.
 If negotiations fail
any involved party
may request an
inspector to assist.
The PCBUs involved in negotiations must notify workers
of the outcome and any workgroups determined.
WHS Act s50-54

14. Multiple-business workgroups
Workgroups may be determined for workers who carry out work
for two or more PCBUs; or
at one or more workplaces.
The determination of work groups is to
be negotiated between each of the PCBUs and the workers.
These arrangements don’t affect any work groups already determined by the PCBU for their workers.
Key points
A PCBU needs to identify all workplaces where their workers are likely to interact with workers of another PCBU and where workers are working at different workplaces.
Workers of the PCBU could potentially become part of a workgroup working under a different PCBU and may have additional representation.
In situations where there are multiple duty holders, PCBUs need to negotiate suitable arrangements for consultation. These arrangements don’t need to affect existing consultation arrangements.
Variations to any agreement can be negotiated as required.
Matters to be considered in any negotiations include:
the number and composition of work groups to be represented by health and safety representatives;
the number of health and safety representatives and deputy health and safety representatives (if any) for each work group;
the workplace or workplaces to which the work groups will apply;
the businesses or undertakings to which the work groups will apply.
Background References
Model WHS Act s55-59
Model WHS Regulations
How to consult on work health and safety: Code of Practice
WHS Act s55-59

15. Multiple-business arrangements
for consultation
PCBU duty holder
e.g. Host company
PCBU duty holder e.g. Labour hire company
PCBU duty holder e.g. Site controller
Consultation
Co-operation
Co-ordination
Consultation
Co-operation
Co-ordination
 A worker may
represent a
workgroup where the
workers are engaged
by different PCBUs.
Shared workgroup (workers of the labour hire company are also workers of the host company)
Consultation arrangements
- policy and procedures -
 Workers are to be
informed
of the outcomes of
negotiations and of
any workgroups.
Key points
With the introduction of the broad definition of a worker, a PCBU with consultation duties may have a contractor, being a ‘worker’ under the law, represent a workgroup if elected by workers of the workgroup. For example, where a number of electrical contractors work at the premises a subcontractor may be elected to represent all the various electrical contractors.
Negotiations are required to determine the composition of workgroups where multiple businesses operate.
Where negotiations fail any involved party can make a request to the regulator for an inspector to assist with the negotiations.
The PCBUs are required to notify workers of the outcomes of any negotiations and where any workgroups are determined as soon as practicable after the negotiations are complete.
A party to the negotiations is entitled to withdraw from the negotiations at any time provided they give reasonable notice leaving the remaining parties to negotiate.
Note: Facilitators can use this flow chart to describe an example from their own industry.
Background References
Model WHS Act s55-59
Model WHS Regulations
How to consult on work health and safety: Code of Practice
WHS Act s55-59

16. Health and Safety Representatives (HSRs)
are to be elected from the workgroup they are to represent
have a term of office of 3 years (previously 2 years)
can cease to hold office for various reasons
are not personally liable for anything either done or omitted in their role as a HSR if done in ‘good faith’ (immunity)
are eligible for re-election (unchanged)
are entitled to receive training upon request - certain functions cannot be performed unless trained e.g. issuing of Provisional Improvement Notices (PINs) and directing unsafe work to cease.
See Fact Sheet 4 for further detail.
Key points
The facilitator should expand on the key points mentioned in this slide.
HSRs are eligible to be elected for a work group only if they are a member of that workgroup.
Persons are not eligible if they have been disqualified under the WHS Act s65 e.g. for inappropriate behaviour with respect to their role.
Procedures for the election process may be determined by the workers.
If the workers so choose, the election can be conducted with the assistance of the union (other persons or organisation can also assist).
All workers of a workgroup are entitled to vote e.g. contractors, labour hire that have been negotiated to be part of a workgroup.
Note the term of office is now 3 years – re-election is permitted.
HSRs are able to request training to which they are then entitled to receive.
HSRs cannot issue PINS or direct work to cease unless they are the elected HSR and have undertaken the approved training.
A HSR ceases to hold office if they:
resign as the HSR (submitted in writing to the PCBU)
cease to be a worker of the workgroup
are disqualified (see Fact Sheet 4 and WHS Act s65) or
are removed as the HSR by majority of workgroup
A HSR is not personally liable for anything they have done or not done in their role as a HSR if it has been done in ‘good faith’. While there is no standard definition under NSW law, ‘good faith’ is generally considered to be any necessary actions taken with the right intent under the given circumstances. (i.e. carrying out their duty to the best of their ability with the given resources and with honest intention). For example, if a Provisional Improvement Notice (PIN) is issued by a HSR, and it is done because of serious concerns for health and safety and other attempts to resolve the matter have failed.
Background References
Model WHS Act s60-64
Model WHS Regulations
How to consult on work health and safety: Code of Practice
WHS Act s

17. Deputy Health and Safety Representatives (Deputy HSRs)
can use the powers and perform the functions of a HSR if the HSR no longer holds office or is unable to fulfil their role
have a term of office of 3 years and are eligible for re-election
can cease to hold office for various reasons e.g. improper use of powers and using or disclosing information
are not personally liable when acting in ‘good faith’ in their role as a deputy HSR (immunity)
are entitled to receive training upon request
See Fact Sheet 4 for further detail.
Key points
The facilitator should expand on the key points mentioned in this slide.
Deputy HSRs are eligible to be elected for a work group only if they are a member of that workgroup and are to be elected in the same manner as for the HSRs.
They are not eligible if they have been disqualified under the WHS Act s65.
The election can be conducted with the assistance of the union, if the workers so choose (other persons or organisations can also assist).
The term of office is 3 years – re-election is allowed.
Deputy HSRs are entitled to training they have requested. Training is only required if the deputy HSRs wish to exercise their right of issuing PINs or directing unsafe work to cease.
Deputy HSRs cannot issue PINs or direct work to cease unless they are the elected deputy HSR, the HSR is unavailable and they have undertaken the approved training.
A deputy HSR is also not personally liable for anything they have done or not done in their role as the deputy HSR if it has been done in ‘good faith’.
A deputy HSR is entitled to perform the same functions and has the same powers as a HSR, when the HSR is not available or unable to perform their role.
The WHS Act s64 (term), s65 (disqualification), s66 (immunity), s72 (training) and s73 (sharing of costs for multiple businesses) applies in the same way to Deputy HSRs as it does to HSRs.
Background References
Model WHS Act: s67, 64-66, 72-73
Model WHS Regulations
How to consult on work health and safety: Code of Practice
WHS Act s67 and s64-66,72-73

18. Powers and functions of HSRs
The functions of HSRs are similar to current functions of OHS Representatives and OHS Committee members i.e. they:
Represent workers in relation to work health and safety
Monitor the measures taken by the PCBU to meet their duties
Investigate complaints from members of the workgroup
Inquire into risk to the health and safety of relevant workers
Additional powers and functions include (where trained to do so):
Directing unsafe work to cease when necessary
Issuing of provisional improvement notices when necessary
How might HSRs monitor the measures taken by the PCBU?
Key points
Even when workers don’t make a request for HSRs, the PCBU can suggest to workers that they consider having a HSR to assist in reviewing, investigating and resolving health and safety issues on behalf of the workers.
Note: The role of HSRs is very similar to the current role of OHS representatives.
The HSR only represents the interests of the workgroup they have been elected from. The HSR can request the establishment of a HSC to assist in them in their role and to represent the interests of other workers.
An elected HSR must always be included in any consultation on health and safety issues that may affect the workgroup they represent.
Monitoring conditions in the workplace could include review of reports, undertaking workplace inspections, consultation with their workgroup.
Directing work to cease and the issuing of PINs is covered in more detail in the following Module.
Background References
Model WHS Act s68, Part 5 Division 6
Model WHS Regulations
How to consult on work health and safety: Code of Practice
WHS Act s68

19. Activities of HSRs Activities may include:
Inspecting all or part of the workplace:
at any time after giving notice
at any time without notice after an incident or where there is a serious and immediate or imminent risk to the health and safety of a person.
Accompanying an inspector during an inspection.
Being present at an interview between a worker or a group of workers (with their consent) and an inspector or the PCBU.
Key points
HSRs are required to give reasonable notice to the PCBU before undertaking an inspection of the workplace or part of the workplace unless there is a serious threat to a workers’ health and safety .
The HSR for the workgroup is entitled to accompany an inspector where an inspector is undertaking an inspection as part of issue resolution, after an incident or due to a report of a work health and safety issue.
A HSR can only be present at interview between worker/s and an inspector or the PCBU in relation to work health and safety with the consent of the worker/s.
Background References
Model WHS Act: s68
Model WHS Regulations
How to consult on work health and safety: Code of Practice
WHS Act s68

20. Activities of HSRs
Requesting the establishment of a Health and Safety Committee.
Receiving information on the heath and safety of workers
except personal or medical information (without the consent of the worker) unless the information cannot be used to identify the worker.
Requesting the assistance of another person where necessary e.g. union representative.
When might a HSR request assistance from another person?
Key points
Discuss why a HSR might request the establishment of a HSC e.g. to enable a more organisational wide focus on health and safety issues and be representative of all workers, to share information between workgroups and with management to provide support and assistance to the HSR.
A HSR is not entitled to receive any information on health and safety of workers that may in any way identify a worker or lead to the identification of a worker.
Discuss when a HSR might request assistance e.g. for particular expertise, for union support. The PCBU is not required to finance any person brought into provide assistance requested by the HSR unless agreed to by the PCBU.
Safe Work Australia is currently developing a Handbook to assist worker representatives in their role.
Background References
Model WHS Act: s68
Model WHS Regulations
How to consult on work health and safety: Code of Practice
WHS Act s68

21. Limitation of HSRs’ Powers
The HSR’s powers are limited to matters that affect/may affect workers they represent except:
where there is a serious and immediate/imminent risk to the health and safety of members of another workgroup
a member of another workgroup asks for assistance
and the HSR for that workgroup (upon reasonable inquiry) is not available.
HSRs are only permitted to issue PINs and direct unsafe work to cease if they have completed approved training.
Key points
Discuss situations where a HSR might become aware of another worker being exposed to a serious and imminent threat to health and safety e.g. in a workplace where other workgroups are present, an imminent danger exists and their HSR is not readily available.
Inquiries must be made prior to any intervention being undertaken e.g. the relevant HSR might be elsewhere on site and could be called in.
Reiterate that HSRs and deputy HSRs cannot undertake all their functions unless appropriately trained e.g. issue PINs or direct unsafe work to cease.
Background References
Model WHS Act: s69, Part 5 Division 6
Model WHS Regulations
How to consult on work health and safety: Code of Practice
WHS Act s69

22. Obligations of PCBUs to HSRs
A PCBU must, in respect to HSRs, on work health and safety matters:
Consult so far as is reasonably practicable
Confer whenever reasonably requested
Allow access to information on hazards and the health and safety of workers
Provide resources
Allow access to the workplace to a person assisting the HSR
Compile, keep up-to-date and display a list of HSRs and deputy HSRs (if any) and provide a copy to WorkCover.
Key points
A PCBU must consult with workers and with other duty holders. On some occasions, as previously discussed, consultation may not be possible but workers should be consulted at the first available opportunity after an action is taken.
HSRs are required to raise concerns on behalf of their workgroup and are to be provided with all relevant information on hazards e.g. health effects in chemical data sheets, incident reports and investigations, general health reports for workers.
Adequate resources must be provided for the HSR to perform their role including facilities, time to undertake functions and assistance as far as is reasonably practical.
The PCBU must allow the HSR to attend interviews (with the worker’s consent) and accompany an inspector.
HSRs are to be paid at the same rate they would otherwise be paid while undertaking their duties as a HSR.
Where a worker has requested assistance from another person, the PCBU must allow that person to access the workplace (unless in some other way they are not entitled e.g. disqualified). A PCBU may deny access on reasonable grounds. The HSR may then ask for the decision to be reviewed by an inspector.
PCBUs, after HSRs and deputy HSRs have been elected, must display a current list in areas where workers can see the notice e.g. main workplace and any other workplace that is appropriate.
The PCBU is also required to forward a copy of this list as soon as possible after it is compiled to WorkCover.
Background References
Model WHS Act: s70-74
Model WHS Regulations:
How to consult on work health and safety: Code of Practice
WHS Act s70 -74

23. Health and Safety Committees
(HSCs)
The PCBU must establish a HSC within 2 months of a request by:
a HSR for a workgroup carrying out work at the workplace; or
5 or more workers at the workplace; or
as required by the regulations; or
on their own initiative.
A Health and Safety Committee under the WHS Act can:
continue the functions of an existing OHS Committee;
be a consultation mechanism;
assist and support the HSR in their role and represent all workers at the workplace not just the workgroup the HSR represents.
While current OHS Committees meet the requirements for HSCs under the WHS Act, the composition of a HSC can now be different.
Key points
A HSR or 5 or more workers can request the establishment of a HSC.
A HSR or HSRs can choose whether or not they want to be members of a HSC.
Point out to participants that current OHS Committees meet the requirements of HSC under the WHS Act however the composition of a HSC under the WHS Act can be different than that of a current OHS Committee. See Fact Sheet 4 for additional information.
A PCBU can establish a HSC – this may be an option where workers are reluctant to take on the role of HSR .
Note: The membership and constitution of the HSC is to be agreed to by the PCBU and the workers. At least half of the HSC must be workers not nominated by management.
Where there are HSRs and HSC/s in the workplace, workers must understand the clear distinction in their roles. This information should be contained in procedures.
If a workplace has a HSC and not a HSR, the draft Code of Practice for consultation suggests that the HSC consider the issues that would normally be dealt with by a HSR.
The Worker Representation Handbook currently under development by Safe Work Australia will provide additional guidance for HSRs and HSCs.
Background References
Model WHS Act: s75,76,78
Model WHS Regulations: Chapter 2
How to consult on work health and safety: Code of Practice
The Worker Representation Handbook (Safe Work Australia – under development)
WHS Act s75,76,78

24. Health and Safety Committees (HSCs)
 Functions of the HSC are to:
Facilitate cooperation between the PCBU and workers in instigating, developing and carrying out measures to ensure workers’ health and safety.
Assist in the development of health and safety standards, rules and procedures to be used and complied with in the workplace.
Any other functions as agreed to between the PCBU and the HSC.
Do these functions differ much from current activities of OHS Committees?
Key points
The HSC’s main focus is to provide a forum where workers and management can work together to improve health and safety in the workplace. HSC’s functions are similar to existing functions of OHS Committee.
The current functions of OHS Representative and OHS Committees are to:
keep under review the measures taken to ensure the health, safety and welfare of persons at the workplace;
to investigate any matter that may be a risk to health and safety; and
attempt to resolve any matter but if unable to do so request an investigation by a inspector.
An OHS committee and an OHS representative have the following additional functions under the current OHS Regulations:
(a)  to request to accompany an inspector as an observer on an inspection that affects the workgroup that the committee or representative represents,
(b)  to be an observer during any formal report by an inspector to the employer in connection with any OHS matter concerning the workgroup that the committee or representative represents,
(c)  to accompany an employee of the workgroup that the committee or representative represents, at the request of the employee, during any interview by the employer on any OHS issue,
(d)  to be an observer during any formal in-house investigation of a notifiable incident
(e)  to assist in the development of arrangements for recording workplace hazards and accidents to promote improved workplace health and safety,
(f)  to make recommendations on the training for OHS committees, OHS representatives and employees.
While HSRs are entitled to carry out similar functions to those of current OHS Representatives new HSCs will only be able to do so if agreed to with the PCBU.
Note that the PCBU and HSC can agree to additional functions that may be applicable to the specific workplace, workgroup or industry e.g. development of SWMS, risk assessments.
Background References
Model WHS Act: s70-74
Model WHS Regulations
How to consult on work health and safety: Code of Practice
WHS Act s77

25. Obligations of PCBUs to the HSC
A PCBU must allow a member of the HSC, with respect to work health and safety matters:
Reasonable time to:
attend HSC meetings
carry out functions as a member of the HSC
Access to information on:
hazards (including associated risks)and
the health and safety of workers of the workgroup with the workers consent (information must not contain any information that may allow identification)
Meetings of the HSC are to be held at least once every 3 months and any other reasonable time at the request of at least half the HSC.
Key points
In workplaces where HSCs are established, the model WHS Act requires that they meet at least every 3 months. A HSC can meet more often upon agreement between the HSC and the PCBU.
The matters which the HSC are to be involved is subject to agreement between the PCBU and the HSC. Once this has been agreed to the PCBU is then required to allow HSC members reasonable time to undertake these duties. For example, if the HSC is to be involved in workplace inspections they must be allowed sufficient time to prepare, carry out the inspection and then to report back.
While any HSR members are entitled to training, training for other HSC members will be a matter for agreement between the PCBU and the HSC. HSC members including management representatives will need sufficient knowledge and skills to participate in the role they undertake as HSC members involved in improving health and safety in the workplace. It is expected that additional guidance will be provided from Safe Work Australia and WorkCover on possible training for HSC members.
PCBUs have the same requirements as imposed for HSRs when providing information on the health and safety of workgroups that it in no way identifies or could be used to identify individuals without the individual’s consent.
Background References
Model WHS Act: s79
Model WHS Regulations
How to consult on work health and safety: Code of Practice
WHS Act s79