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.

Victoria's Psychological Health Regulations have landed - and the Compliance Code

By admin • October 10, 2025
The long-awaited Psychosocial Regulations have been released and now form part of the Victorian OHS Regulatory Framework. Accompanying this release is a new Compliance Code for psychological health – and here you will find the practical guidance you need. In the compliance code, there are the details as to how to comply with OHS duties set out by The Occupational Health and Safety Act and its associated regulations. The code sets out: What a psychosocial hazard is and the risk management process How psychosocial hazards affect employees’ health and safety and why workplace safety culture is important How to manage risks associated with psychosocial hazards (ie: the application of the risk management cycle to psychosocial hazards) What to do if there is a report or incident associated with a psychosocial hazard There are a number of appendices which form part of the compliance code, including a guide for how to identify hazards and many examples of psychosocial risks and how they should be controlled. These include: aggression and violence bullying exposure to traumatic events or content gendered violence high job demands low job control low job demands low recognition and reward low role clarity poor environmental conditions poor organisational change management poor organisational justice poor support poor workplace relationships remote or isolated work sexual harassment The code of practice has been a long time coming, but certainly provides a very useful resource for employers, workers and HSRs when they are working to ensure the psychosocial safety of the workplace. The compliance code can be found here: Compliance code: Psychological health | WorkSafe Victoria More resources can be found here: Psychological health | WorkSafe Victoria If you would like to participate in training or would like some advice, please reach out to us at HSR Training and support | BeSafe | Regional Victoria

Common misconceptions about HSRs

By admin • September 30, 2025
At BeSafe, we often come across misconceptions about Health and Safety Representatives (HSRs) and we thought it was worth taking the time to address some of the more common ones. Understanding the Role of Health and Safety Representatives In many workplaces, the term “Health and Safety Representative” (HSR) is met with a mix of appreciation, confusion, and sometimes even resistance. While HSRs play a vital role in promoting safe work environments, there are often misunderstandings about their purpose, authority, and responsibilities. Let’s unpack a few of the most frequent misunderstandings: “HSRs are part of management.” Not at all. HSRs are elected by workers to represent their health and safety interests. They are not enforcers of company policy, nor are they accountable to management in the same way supervisors are. “They’re just there to report hazards.” While hazard identification can be part of their role, HSRs do much more. They can consult with workers, investigate complaints, participate in risk assessments, and can even request the establishment of a Health and Safety Committee. “HSRs can shut down operations.” This is a big one. HSRs do have the power to issue Provisional Improvement Notices (PINs) and direct unsafe work to cease—but only under specific conditions and within legal boundaries. These powers are designed to protect workers, not disrupt business unnecessarily. “They don’t need training.” In fact, HSRs are entitled to attend approved training courses to understand their rights and responsibilities. This training empowers them to be effective advocates for safety. The Real Role of an HSR HSRs are key to creating safe workplaces. They bridge the gap between workers and management, acting as a conduit to help ensure that safety concerns are heard and addressed. Their role is proactive, as they can help to identify risks before they become incidents. When businesses embrace HSRs as partners in safety, the benefits can include: Improved communication around safety issues Greater worker engagement and morale Reduced incidents and injuries Higher safety standards in the workplace What Businesses Can Do To clear up the confusion and make the most of HSRs, businesses should: Educate leadership and staff on the legal role and rights of HSRs Leaders OHS Course | BeSafe | Regional Victoria Support HSRs with access to training, resources, and time to perform their duties HSR Initial OHS Training Course | BeSafe | Regional Vic HSR Refresher OHS Training | BeSafe | Regional Victoria Engage in genuine consultation —not just tick-the-box meetings Treat safety as a shared goal , not a regulatory burden Health and Safety Representatives really are an asset to business. When businesses understand and respect their role, everyone wins and shares in the benefits of a safer workplace. In summary: An HSR is: Elected by their peers A voluntary role A representative of their designated work group (DWG) Able to work to resolve health and safety concerns on behalf of their DWG Able to act as a conduit to facilitate communication and consultation An HSR is NOT: A safety manager Responsible for the safety of the workplace Responsible for enforcing safety Required to investigate safety matters or act as a technical expert Required to exercise their powers Need more help? Get in touch HSR Training and support | BeSafe | Regional Victoria