Employers duties in relation to HSRs

admin • October 13, 2025

Health and Safety Representatives (HSRs) play a pivotal role in ensuring the well-being of employees in the workplace. Employers have specific legal obligations under the Occupational Health and Safety Act 2004 (OHS Act) to support and collaborate with HSRs. Knowing and understanding these duties are not just about compliance, they are about fostering a culture of safety and mutual respect in the workplace.


Who Are HSRs?

HSRs are workers elected by their peers to represent their health and safety interests. They act as a bridge between employees and employers, ensuring that safety concerns are raised, addressed, and resolved effectively. Their role is vital in creating a safer, more inclusive workplace. It is important to understand that HSRs are workers who volunteer to represent their co-workers. They have powers under the OHS Act, but they do not have duties. However, the employer does. Here are some of them...


Key Employer Duties Toward HSRs

Employers in Victoria must actively support HSRs to enable them to perform their roles effectively. Below are the primary duties employers must fulfill:


1.Allowing HSRs to access information.

Employers must allow HSRs to access information relating to their Designated Work Group (DWG) relating to:

  • The health and safety of members of their DWG
  • Actual or potential hazards in the workplace

Employers are required to share information related to workplace hazards, risks, safety measures and incidents with HSRs. This transparency helps HSRs make informed decisions and advocate for worker safety effectively.


2. Allow HSRs to be present at interviews

HSRs must be allowed to represent a member of their DWG (whether an employee or contractor), if the member provides consent. This includes meetings or interviews with the employer, employer's representative or an inspector.


3. Allow HSRs to have time off work with pay

The employer must provide paid time for the HSR to

  • Do any work which involves them exercising their powers under The Act
  • Completing any WorkSafe approved training (with 14 days notice)


4. Providing facilities and assistance

The employer must enable the HSR to exercise their powers by providing any facilities and assistance required.


5. Allow access of persons providing assistance to HSRs

The HSR can request the assistance of any person to resolve and OHS issue and this must be facilitated by the employer, unless they are not considered suitable to assist with OHS matters.


6. Display a written list of HSRs

The employer must ensure that a written list of HSRs (and deputy HSRs) is displayed in the workplace where it is readily available to the employees.


7. Facilitating Training

Employers must ensure that HSRs are able to access training to perform their role. In Victoria, HSRs are entitled to attend a WorkSafe-approved HSR training course (see: HSR Training Courses | BeSafe | Regional Victoria) and refresher courses annually. Employers are responsible for:

  • Covering the cost of training
  • Allowing paid leave for HSRs to attend training
  • Allowing HSRs to choose their training provider


7. Allow HSRs to perform all of their Functions according to their powers under the OHS Act

This includes all the powers outlined in our blog on the Powers of HSR's.


8. Consulting with HSRs

Employers must consult with HSRs on matters that may affect the health and safety of workers. This includes:

  • Changes to workplace processes, equipment, or systems
  • Development or review of safety policies and procedures
  • Risk assessments and control measures


9. Protecting HSRs from Discrimination

HSRs must be able to perform their duties without fear of discrimination or disadvantage. Employers are prohibited from treating HSRs unfavourably because of their role.


Why These Duties Matter

Fulfilling these obligations is not just about legal compliance, it’s about creating a workplace where safety is prioritised, and workers feel valued. When employers actively support HSRs, they:

  • Reduce workplace injuries and illnesses.
  • Foster trust and collaboration between workers and management.
  • Enhance overall productivity and morale.


Penalties for Non-Compliance

Failure to meet these duties can result in significant penalties under the OHS Act. Beyond the legal consequences, neglecting HSRs can damage workplace relationships and lead to a decline in safety standards.


Conclusion

Employers have a critical role in empowering HSRs to champion workplace safety. By meeting their obligations under the OHS Act, employers not only comply with the law but also contribute to a safer, healthier, and more harmonious work environment. Supporting HSRs is an investment in the well-being of your workforce and ultimately, the success of your business.

If you’re an employer, take the time to review your practices and ensure you’re meeting your duties toward HSRs. A proactive approach to workplace safety benefits everyone involved.


By admin March 3, 2026
The Annual WorkSafe Awards Night was held last week at the Plaza Ballroom in Melbourne. BeSafe was there and, of course, the highlight of the night was the presentation of the Award for Health and Safety Representative of The Year! This category acknowledges Health and Safety Representatives (HSRs) who have represented their designated work group (DWG) in an outstanding manner. There were four finalists this year and all of them showed how effective representation by HSRs is vital to safe workplaces. Anna Musgrave – Ambulance Victoria Anna is an ALS paramedic from Maffra who worked on a really challenging workplace hazard: fatigue. She advocated for the health and safety of her DWG, ultimately creating a fatigue monitoring self-assessment tool and changing the culture around fatigue and fatigue management. See more about Anna here: https://youtu.be/7tXtrXnVfME?si=BdtOF4t-ZP61otfx Ben Lennon – Crown Melbourne Ben is a table games dealer at Crown Casino, a delegate and HSR. He has been able to ensure all workers’ DWGs are represented, help workers to understand their rights and to feel safe to report. By helping spa treatment workers with their safety issues, he was able to facilitate a resolution. He has focused on effective consultation through building trust and working together. See more about Ben here: https://youtu.be/iVCcWq1mjKw?si=7qz2VfKfv_RLiF9L Bess Taitoko and Owen Glassenbury – Northern Health Two amazing HSRs who worked together to address serious Occupational Violence and Aggression issues in the Broadmeadows Inpatient Psychiatric Unit. The working environment involved the balancing of patient safety and wellbeing and that of the staff. These HSRs worked within a complex environment to ensure the safety of the work group which they represent, including creating a flow chart to assess and address risks proactively. See more about Bess and Owen here: https://youtu.be/wySo4Q0Vuxw?si=r7HuyV11XQOuHa5u Manny Mason – City of Ballarat - The 2025 HSR of the year award winner! Manny works in the Arboriculture Unit at the City of Ballarat and has been an HSR for over 15 years. He has dealt with many issues over the years. He has provided support and advocacy in bullying and sexual harassment cases, through to addressing physical hazards in fountain maintenance. He highlighted the importance of communication, advocacy and supporting co-workers while holding the employer to account in ensuring the safety of the workplace.  See more about Manny here: https://youtu.be/EQwPxiu43FA?si=qtKYItVTAxt7rgnf Congratulations to these Safety Reps and a big shout out to all the HSR’s out there who are doing great work every single day as the safety superheroes in their workplace!
By admin February 16, 2026
Coroners Court findings are an opportunity to learn – especially when it comes to a workplace death. The role of the Coroners Court is to: “investigate reportable deaths, reduce preventable deaths promote public health and safety and the administration of justice” About us | Coroners Court of Victoria The Coroners’ Court deals with certain reportable deaths and this includes “When someone dies from an accident or injury, even if there is a prolonged interval between the incident and death.” – including workplace deaths. These deaths must be reported to the coroner for investigation. All of these reportable deaths are allocated to a Coroner who then investigates the death and then will consider whether anything could be done differently to help prevent similar deaths in the future. Inquests are not held for every death, in fact less than 5% of deaths will be the subject of an inquest. The rest of the cases will have findings made ‘in chambers’. The Coroner may or may not make ‘recommendations’ to prevent future similar deaths. The Coroner may or may not then order for the findings to be published. Those cases which are published can be found at: Findings | Coroners Court of Victoria The findings into any death are always sobering reading. But in the case of work-related deaths there is almost always a preventative opportunity – even when no specific recommendations are made. For this reason, it is important that these findings are made publicly available for those who wish to review them and learn (– assuming that the worker’s family has approved the publication of the report). The Coroners Court says that they aim to ‘identify how similar deaths may be prevented’. If that is to truly be the case, then they need to be published and we must seek to read them and learn from these tragic deaths. Perhaps the greatest tragedy of all would be if we do not learn from these horrific deaths in the workplace? We pay our respects to those who have lost their lives at work and acknowledge the pain and suffering of those left behind. Everyone has the right to come home from work alive and well at the end of the day.