How PCBUs must support HSRs

PCBUs (Persons Conducting a Business or Undertaking) are responsible for supporting Health and Safety Representatives (HSRs) in the workplace.

Here are some ways PCBUs must support HSRs:

• Provide training: PCBUs are responsible for ensuring HSRs receive adequate training to effectively carry out their role. This may include training on their rights, responsibilities, and functions as an HSR, as well as training on relevant health and safety laws, regulations, and policies.
• Consultation: PCBUs must consult with HSRs on health and safety matters that affect the HSR’s work group members in the workplace. This means involving HSRs in discussions, decision making processes, and consultations related to health and safety issues. PCBUs should provide HSRs with access to relevant information, resources, and support to help them actively participate in the consultation process. PCBUs must allow the HSR to attend interviews concerning work health and safety between one or more workers (with their consent) and an inspector or another PCBU at the workplace (or their representative). The HSR should be informed of these interviews, and the HSR and worker may wish to consult before and/or after the interview. The HSR is also allowed to accompany a WorkSafe inspector during a workplace inspection where the HSR’s work group members work, and the PCBU must give anyone assisting the HSR access to the workplace if it’s necessary (the PCBU does not have to pay this person). The PCBU can also refuse access to the workplace if they have reasonable grounds to do so; and/or the person has had their WHS entry permit revoked, or is currently suspended/disqualified from holding a WHS entry permit
• Resources and support: PCBUs must provide HSRs with the necessary resources and support to carry out their role effectively. This may include access to relevant documents, data, reports, and equipment, and providing reasonable time off from work for HSRs to carry out their functions, such as attending training or conducting inspections.
• Cooperation and collaboration: PCBUs should cooperate and collaborate with HSRs in identifying and resolving health and safety issues in the workplace. This includes taking into consideration the input and feedback provided by HSRs, and working together to implement solutions and improvements to promote a safe and healthy work environment.
• Protection from reprisals: PCBUs must ensure that HSRs are protected from any form of reprisals or discrimination for carrying out their role as a health and safety representative. This includes protecting HSRs from any adverse action (such as dismissal, demotion or harassment) as a result of their health and safety activities.
• Communication: PCBUs must facilitate effective communication between HSRs and workers, and other relevant stakeholders in the workplace. This may include providing HSRs with access to notice boards, email systems or other channels of communication in the workplace to communicate health and safety information to workers and receive feedback.
• Review and feedback: PCBUs should regularly review and provide feedback to HSRs on their performance and effectiveness in carrying out their role. This may include providing constructive feedback, addressing any concerns or issues raised by HSRs, and supporting their ongoing professional development.

Overall, PCBUs must actively support HSRs in their role as representatives of workers in promoting health and safety in the workplace. By providing training, consultation, resources, protection, communication, and feedback, PCBUs can create a safe and healthy work environment for their workers and fulfil their legal obligations under health and safety regulations.

However, a PCBU must not provide any personal or medical information about a worker without the worker’s consent, unless the information doesn’t or can’t identify the worker.

Providing resources, facilities and assistance to the HSR

PCBUs are responsible for ensuring the health and safety of workers, including HSRs).

Here are some resources, facilities, and assistance that PCBUs should provide to a HSR:

• Training and education: PCBUs should provide comprehensive training and education to HSRs to enable them to effectively carry out their role. This may include training on relevant health and safety legislation, hazard identification and risk assessment, incident reporting procedures, and emergency response procedures.
• Access to information: PCBUs should provide HSRs with access to information related to health and safety in the workplace. This may include policies, procedures, manuals, guidelines, and other relevant documents that would help HSRs fulfil their role.
• Facilities for meetings: PCBUs should provide suitable facilities for HSRs to conduct meetings with workers to discuss health and safety matters. This may include meeting rooms or other designated spaces where HSRs can meet with workers in a safe and conducive environment.
• Resources for hazard identification and control: PCBUs should provide HSRs with the necessary resources to identify and control workplace hazards. This may include tools such as checklists, templates, and equipment necessary for conducting inspections or assessments.
• Time off for HSR activities: PCBUs should allow HSRs reasonable time off from their usual work activities to carry out their HSR duties, such as attending meetings, conducting workplace inspections, and consulting with workers.
• Support for resolving issues: PCBUs should provide support to HSRs in resolving health and safety issues in the workplace. This may include assistance in investigating incidents, addressing worker concerns, and engaging with management to implement necessary changes.
• Collaboration and consultation: PCBUs should facilitate collaboration and consultation between HSRs management, workers, other health and safety personnel, and any other relevant stakeholders. This may include providing opportunities for HSRs to participate in decision-making processes related to health and safety matters.
• Personal protective equipment (PPE): If the workplace requires the use of PPE, PCBUs should provide HSRs with the necessary PPE to fulfil their role safely. This may include high-visibility vests and safety glasses.
• Record keeping: PCBUs should help HSRs keep records related to health and safety matters, such as meeting minutes, inspection reports, and incident reports. This may include providing appropriate tools or systems for record keeping.
• Ongoing support and communication: PCBUs should maintain ongoing communication and support with HSRs to ensure they have the necessary resources and assistance to fulfil their role effectively. This may include regular check-ins, feedback sessions, and addressing any concerns or issues raised by HSRs.

It’s important to note that the specific resources, facilities, and assistance provided to a HSR may vary depending on the nature of the workplace and the work health and safety laws. PCBU should always ensure compliance with these laws, and provide appropriate support to HSRs to enable them to fulfil their role in promoting health and safety in the workplace.

Keeping a list of HSRs

PCBUs must display a list of HSRs and Deputy HSRs in their workplace.  It should include their names and contact details.

PCBUs must display this list:

• at the principal place of business and at any other workplace appropriate to the relevant work groups
• in a prominent place; for example, a noticeboard, a common meeting area or tea room, and the workplace intranet.

This allows workers to easily identify and contact their HSRs if they have any health and safety concerns.

The PCBU must also send WorkSafe Tasmania a copy of this list.

Discrimination

PCBUs must not discriminate against a HSR.

Some reasons why PCBUs must not discriminate include:

• Legal obligations: Workplace health and safety laws prohibit discriminating against HSRs based on their role or activities as health and safety representatives. Such discrimination may result in legal consequences.
• Worker protection: HSRs are elected or appointed by workers to represent their interests in health and safety matters in the workplace. Discrimination against HSRs may discourage workers from participating in health and safety activities, undermine their ability to effectively represent their peers, and ultimately compromise worker safety and wellbeing.
• Equality and fairness: Discrimination against HSRs based on their role or activities can be unfair and unjust. HSRs play a vital role in promoting and maintaining a safe work environment, and they should be able to carry out their duties without fear of discrimination or reprisal.
• Promoting a positive safety culture: Discrimination against HSRs can have a detrimental impact on workplace safety culture. It may create a hostile or negative environment that discourages open communication, cooperation and collaboration between workers, management and HSRs. A positive safety culture, on the other hand, promotes active engagement, trust, and shared responsibility for workplace health and safety.

It’s important for PCBUs to understand their legal obligations and responsibilities towards HSRs, and promote a positive and inclusive workplace culture that values and supports their role in ensuring a safe and healthy work environment for all workers.