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.

NEW Changes to PINs

By admin • June 1, 2026
Maintaining a safe workplace is a legal and moral obligation. One of the most powerful tools available to workers, specifically Health and Safety Representatives (HSRs), is the Provisional Improvement Notice (PIN) . Used correctly, PINs can quickly resolve safety issues and ensure compliance with the Occupational Health and Safety Act 2004 (Vic) . There have been recent changes made to the PIN notice and we recommend that HSRs now use the new version. Summary of NEW Changes: Part 5 has been modified to include tick boxes for each of OHS Act, OHS regulations or the Psychological Health Regulations to be selected by the HSR Part 6 has been modified to include whether the safety issue is a contravention relating to a physical or psychological hazard What is a PIN? A Provisional Improvement Notice (PIN) is a formal written notice issued by an HSR to address a workplace health and safety issue. It is used when consultation with the employer has failed to resolve a problem. *In Victoria, an HSR can issue a PIN whether or not they have completed an HSR training course. This is different to other jurisdictions. Under Victorian law, an HSR can issue a PIN if they believe, on reasonable grounds, that: A provision of the OHS Act or regulations is being breached, or A breach has occurred and is likely to continue or happen again The purpose of a PIN is simple: To require action to fix a safety problem and prevent harm to workers. It is a legal document which the employer must respond to. Who Can Issue a PIN? Health and Safety Representative (HSR)’s can issue a PIN. *Don’t forget that Victorian HSRs can issue a PIN even if they haven’t yet had the opportunity to get into a 5 Day Initial OHS Training Course. (Although obviously HSRs are best to complete their training as soon as possible so that they can fully understand the OHS Act and their role.) An HSR must: Represent a designated work group (DWG) Have reasonable grounds to believe a breach exists Consult with the employer first before issuing the notice When Should a PIN Be Used? A PIN should be used as a last resort, after attempts to resolve the issue through consultation have failed. An HSR can choose to issue a PIN notice if the duty holder is contravening any provision of the OHS Act or any of the Regulations, or if the duty holder is believed to have been in contravention and it is likely that the contravention will continue or be repeated. But, they must have first consulted with the duty holder. Remember that for immediate or serious risks , a PIN may not be appropriate. In those cases, an HSR can direct work to cease under the Act. How to Issue a PIN 1. Identify the Issue Clearly identify the hazard or breach of the OHS Act or Regulations. 2. Consult with the Employer Before issuing a PIN, the HSR must consult with the employer or the person responsible and give them a chance to fix the problem. Where such consultations are ineffective, the employer refuses to consult and / or the HSR believes that the safety issue will continue, then the HSR may issue a PIN. 3. Complete the PIN It is not compulsory to use the WorkSafe Victoria PIN form, but it does make life easier. You can find it here: Provisional-improvement-notice-form-2026-05.pdf A valid PIN must include: Section 1 – fill out the details of the elected HSR under the OHS act (or the elected deputy HSR if the HSR is unavailable) Section 2 – fill out the details of the duty holder. Most commonly, this will be your employer. Section 3 – tick that you have consulted with your employer or their representative prior to issuing the PIN. It is a good idea to keep a written record of the consultation or attempted consultation. Section 4 – fill out the details of the person (employer representative) to whom you are giving the PIN. Section 5 – fill out which sections of The Act or The Regulations are believed to have been contravened. You can only include one health and safety issue on a PIN notice. If there are more than one, you will need to issue a separate PIN notice for each issue. Tick the box to make clear if the contravention relates to the OHS Act, the OHS Regulations or the Psychological Regulations. Section 6 – provide detail of the contravention. Include the site location ie: the actual area of the workplace where you believe the contravention to be occurring. State whether the PIN relates to a physical or psychological hazard. Section 7 – optional – you may fill out suggestions as to how the safety issue can be fixed if you wish, but this is not required. Section 8 – sign and date the form. Provide a compliance date that is AT LEAST 8 days after the PIN issue date. Make sure the timeframe is reasonable. 4. Issue the Notice The PIN must be delivered to the person you state in Section 4. It can be delivered in person, by post or other formal delivery methods. Don't forget to keep a copy of the PIN for your own records. What Happens After a PIN Is Issued? Once a PIN is issued, the recipient has legal obligations. They must: Bring the notice to the attention of their employer (if the person is an employee). Bring the notice to the attention of persons whose work is affected by the notice, including informing affected workers. Display the PIN in a prominent place in the workplace. Fix the issue by the specified compliance date. Failure to comply is an offence under the OHS Act , and penalties may apply. Can the duty holder dispute the PIN? If the employer (or recipient) disagrees with the PIN, they can contact WorkSafe Victoria and request an inspector review within 7 days of receiving the PIN. If no review is requested within 7 days, the PIN remains legally enforceable. What does an HSR do if the employer does not comply? If the employer has not complied with the PIN within the specified timeframe or if the employer’s intention is not to comply, then the HSR can call WorkSafe Advisory Service and arrange for an inspector to visit the workplace. The inspector can then: Confirm the PIN Modify it Cancel it Support and Advice If you need support and advice on how to issue a PIN, you can contact: WorkSafe Advisory 1800136089 WorkSafe HSR Support Officers HSRSO@worksafe.vic.gov.au Your Union BeSafe Victoria info@besafevictoria.com.au PINs are an important mechanism for preventing injuries and saving lives . They are a powerful and practical tool in Victoria’s workplace safety system. For HSRs, understanding when and how to use a PIN is essential. For employers, knowing how to respond to PINs promptly and effectively is vital. If you need training to understand more, contact us: info@besafevictoria.com.au 0467002060

On the road again!

By admin • May 26, 2026
BeSafe is hitting the road again! It’s been a super busy year or training across Victoria and we have been taking our training on the road to more regional and remote locations across our state than ever before. We are committed to empowering Victorians to create safer and healthier workplaces, ensuring that every worker can return home physically and mentally well. The BeSafe team are regional Victorians ourselves, so we also understand how difficult it can be to get training outside of the metro area. At the same time, we know too well that regional Victorians are the most vulnerable to unsafe workplaces, with regional areas being massively over-represented in the injury and fatality statistics year-on-year. We truly believe that education saves lives, so we have made it our mission to make sure the All Victorians can access safety training without having to travel to the city. The more we all understand about safety, the greater chance we all have of making it home alive and well at the end of the day. Our experienced trainers can come to you. We can even come to your workplace. We will also work with you to create courses anywhere in Victoria so that we can help you get the training you need. So, if you need training in your area, or at your workplace, reach out and have a chat – we would love to hear from you! Training Locations Across Victoria BeSafe Victoria brings training directly to regional communities, making it accessible to those outside metropolitan areas. Recently, we have delivered training in: Ballarat, Bendigo, Kyabram, Shepparton, Portland, Robinvale, Nhill, Warracknabeal, Blackburn, Stawell, Ararat, Wodonga, Mildura, Werribee and Horsham We are planning more courses soon in these locations as well as hoping to visit some new areas including Gippsland – Morwell / Traralgon, Geelong, Hamilton, Colac, Geelong, Maryborough, Warrnambool, Echuca and Wangaratta – but honestly, we will go anywhere! We also often deliver on-site training for workplaces on-demand! Course Offerings We deliver WorkSafe Approved HSR Training Courses , and also OHS Training for Leaders and Managers , helping them to understand their safety obligations under The Occupational Health and Safety Act 2004 . We have also recently been approved to offer the NEW Psychological Health OHS training course. BeSafe also offers free follow-up support after you have trained with us, so that you can always access the help you need. At BeSafe, we believe that all Victorians should have equal access to high-quality, WorkSafe approved OHS knowledge and we are committed to help you to get the training you need – because safety training saves lives.  Get in touch with us: 0467002060 info@besafevictoria.com.au HSR Training and support | BeSafe | Regional Victoria