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.

The Creswick Mine Disaster

By admin • December 1, 2025
On 12 th December 1882, Creswick became the location of a mining disaster which holds, to this day, the record for the deadliest mine disaster in Australia’s history. There were 41 men who were on shift on the night of the 11 th December working in the New Australasian No.2 Gold Mine. They descended 250 feet (76m) from the surface and then made their way a further 2000 feet (600m) to the face where they were mining. It was at 5.30am the next morning when a working shaft came too close to an older flooded parallel shaft – resulting in water flooding into the newer working part of the mine. 27 miners became trapped, but were able to reach a small air pocket in a space known as the No.11 jump-up. Here they stayed trapped for 2-3 days. They wrote messages on their crib pails to their families and sang together and prayed. The rescue mission involved 2 days of frantic pumping of the floodwaters and Navy divers hurried from the ship HMVS Cerberus to help. By the time they were reached, after 3 days, 22 men had succumbed to the rising water levels and drowned. Only 5 of the 27 made it out alive. When the funeral was held, there were many thousands in attendance – 400 people marched in the procession and another 15,000 onlookers lined the streets. At this time there was no such thing as workers compensation to help the 18 wives and 63 children who were left behind. So, the community set up a relief fund to assist the families. This would be the birth of workers compensation in Australia. The Creswick Mine Disaster highlighted the need for better safety regulations in mining operations. It would remain the largest loss of life in a workplace incident in Australia for nearly 90 years, when The West Gate Bridge Collapsed in 1970. For more information on the Creswick Mining Disaster Australasian Mining Disaster | Creswick Museum List of the Dead Christian Frederick Fisher (55) Wittenburg, Germany James Carmoody (53) County Clare, Ireland George Baulcomb (52 & 10 months) Maidstone, Kent, England Nathaniel Trescowthick (45) Cornwall, England Michael Hayes (45) Ireland John Gower (44) Lyminge, Kent, England William Curtis (42) Gwennap, Cornwall, England James Minahan (38) County Clare, Ireland William Tregloan (37 & 6 months) Marazion, Cornwall Edward Campon Dargon (36) Kilkenny, Ireland Anton Andersson (36) Christianstada, Finland John Henry Crougey(35) Stithians, Cornwall, England James Mitchell Temby (35) Redruth, Cornwall, England James O’Shea also known as James Walsh (34years & 11 months) County Waterford, Ireland Carl Waldemar Theodor Serrurier (34) Berlin, Prussia Thomas Penbertha Chegwin (31) Redruth, Cornwall, Ireland Abraham Wyatt (31) Adelaide, South Australia Jabez Bellingham (28) Worcestershire England Benjamin Bowen Bellingham (21) Happy Valley, Victoria. John Tom Clifton (27) Gainsborough, Lincolnshire, England Edward Wood (26) Oldham, Lancashire, England John Thomas Hodge (18) Creswick Survivors Peter Maloney John Manley died 25/1/1924 Tom Corbett died 31/5/1935 Creswick Cornelius Quirk died Feb. 1922 Milawa Patrick Bowen died 26/3/1909 Creswick

HSRs are not Union Reps: Clearing the confusion

By admin • November 24, 2025
When it comes to workplace safety, one role often misunderstood is that of the Health and Safety Representative (HSR) . Many people assume HSRs are the same as union representatives — but that’s not the case. While both roles aim to protect workers’ interests, their focus, powers, and responsibilities are quite different. What Is an HSR? An HSR is a worker elected by their peers to represent their health and safety interests . They are chosen from within a designated work group and act as a direct link between workers and management on safety matters. Under the Occupational Health and Safety Act 2004 (Vic) , HSRs have specific powers, such as: Inspecting the workplace for hazards. Accompanying WorkSafe inspectors during visits. Requesting the formation of a health and safety committee. Issuing Provisional Improvement Notices (PINs) Importantly, HSRs do not negotiate pay, conditions, or other industrial matters — their role is purely about health and safety. How They Differ from Union Representatives Union representatives (or delegates) are appointed or elected to represent workers on a wide range of workplace issues, including wages, rosters, and employment conditions. They may also support members in disputes or negotiations with employers. While an HSR can be a union member — and unions often provide training and support to HSRs — the position itself is independent of union affiliation . You don’t need to be in a union to be elected as an HSR, and you don’t automatically become a union rep by taking on the role. Why the Distinction Matters Confusing the two roles can lead to misunderstandings in the workplace. For example: Employers might wrongly assume HSRs are pushing a union agenda, when in fact they are fulfilling legal safety duties. Workers might hesitate to raise safety concerns with an HSR if they are not themselves a union member, due to confusion about their role. By recognising that HSRs are safety advocates, not industrial negotiators , workplaces can foster more open, constructive conversations about keeping everyone safe. Bottom line: In Victoria, HSRs are there to represent their co-workers on OHS matters, helping to make sure your workplace is safe. Whether you’re in a union or not, you can elect an HSR. This is a key way to ensure that consultation is occurring and that you have a conduit through which to raise health and safety concerns. Remember: HSRs = Safety advocates under the OHS Act. Union Reps = Industrial advocates under workplace laws. So, it is important to know that you can (and have a legislated right to) elect an HSR at your workplace whether or not you work in a unionised workplace. All workplaces will benefit from having elected HSRs and safety structures in place – AND this has been proven to result in safer workplaces. Not sure how to elect an HSR? Reach out to us at admin@besafevictoria.com.au