A health and safety representative (HSR) is elected by their work group to represent workers in work health and safety (WHS) matters. HSRs have powers under the Work Health and Safety Act 2020. Show
A trained HSR has powers to represent their work group in WHS matters and can:
An HSR can only use these powers for the work group they represent, unless the HSR for another work group at the workplace is unavailable and:
An HSR is not personally liable for anything done or omitted in good faith while performing their role.
An HSR is required to attend a five-day initial training course approved by the Work Health and Safety Commission. The PCBU must allow an HSR to attend this course, and pay course fees and other reasonable costs. The HSR is entitled to their usual pay while they attend the course.
The PCBU must:
It is an offence to discriminate against an HSR for any action they take while performing their role, or to threaten them to discourage them from exercising a power.
A PIN is a written notice a trained HSR can issue to a person, requiring them to address a WHS issue. The HSR must consult with the person before they issue a PIN.
A trained HSR may direct a worker in their work group to cease work if the HSR has a reasonable concern that doing the work would expose the worker to a serious risk arising from an immediate or imminent exposure to a hazard. Before issuing the direction, the HSR must consult with the workers’ PCBU to attempt to resolve the matter. Consulting with the PCBU does not apply if the risk is so serious, immediate or imminent that there is no time. In this case, the HSR must consult as soon as practicable after giving the direction to cease work. The HSR must always inform the PCBU of any direction to cease unsafe work.
For: Advocates Information seekers
A health and safety representative (HSR) plays an important part in advancing occupational health and safety in the Australian maritime industry. We provide information for HSRs and employees interested in being a HSR, including the HSR selection process, HSR training providers and the HSR handbook.
Health and safety representatives, commonly referred to as HSRs, are employees who are selected to represent the health and safety interests of their designated work group. Health and safety representatives play a key role in improving health and safety in their workplace. As a health and safety representative (HSR) you:
You are not expected to be an expert on health and safety, and you are not responsible for fixing problems in your workplace.
A health and safety representative (HSR) is an employee who is selected for this role. You can be a health and safety representative (HSR) if:
You may be disqualified from the role if the Seacare Authority determines that you:
If you are not covered under the Seacare scheme, you work under a state authority and need to refer to your state’s legislation. Powers and functions of a HSRYour primary role as a health and safety representative (HSR) is to represent members of your designated work group in health and safety matters. In order to do this, the legislation provides HSRs with certain powers, which include to:
As a HSR, you can represent other designated work groups if the HSR from that other work group is unavailable and:
You must have completed accredited HSR training before you can carry out these powers and functions. HSR responsibilitiesWhen carrying out your health and safety representative (HSR) powers and functions, you need to:
Regarding HSR training, you are responsible for:
For further guidance on the role powers and responsibilities of HSRs, refer to the Health and Safety Representatives handbook (PDF, 1.1 MB). LiabilitiesAs a health and safety representative (HSR), you are not liable in civil proceedings for anything you do, or don’t do, in good faith when carrying out your powers and functions under the Occupational Health and Safety (Maritime Industry) Act 1993 (OHS (MI) Act). You are also not personally liable for anything you do that you reasonably believe was authorised under the (OHS (MI) Act). You can also choose when to exercise your powers and functions as a HSR. This means there is no legal duty or obligation for you to perform any of the functions of a HSR, or to exercise any powers of a HSR, under the (OHS (MI) Act). Time to perform the HSR roleAs a health and safety representative (HSR), you are entitled to spend as much paid work time as is necessary to exercise your powers and perform your functions under the (OHS (MI) Act). The operator must allow you to take paid time off work to carry out the health and safety representative (HSR) role including to:
Whenever necessary, you may ask a consultant to assist in your health and safety representative (HSR) functions. However, the operator is not required to pay for any external assistants who help a HSR. Membership of the Health and Safety CommitteeA Health and Safety Committee may be established on a prescribed ship or prescribed unit, under the OHS(MI) Act, when:
A Health and Safety Committee generally includes the HSRs on board and the person in command of the vessel representing management. The committee is responsible for broader occupational health and safety issues, such as:
It can also be a way for employees to provide feedback to whoever is in command of the vessel and/or the ship operator. As a HSR, you don’t have to be a member of a Health and Safety Committee, but you may find it useful. Join the HSR networkOnce selected as HSR, submit the HSR network registration online form to register your details with the Seacare Authority and the Australian Maritime Safety Authority (AMSA). When you register you become part of our network for HSRs and we will share information and give you the opportunity to provide feedback on matters relevant to HSRs. Join the HSR network
A designated work group is a grouping of employees for the purposes of safeguarding the occupational health and safety interests of employees. Involved unions and operators consult on how designated work group/s will be formed on the ship, under the OHS(MI) Act. Designated work groups can be formed around the classification of employees on the ship, for example mates, engineers, integrated ratings, and catering staff. Ships with a small crew may only need one designated work group. Each designated work group may select one of its members to represent them on health and safety matters as HSR. How HSRs are selected or electedMembers of a designated work group may agree among themselves as to who will be their HSR. However, if more than one member of the designated work group wants the role, the relevant union must arrange an election. Each designated work group member is entitled to one vote in the election. When the HSR has been selected, the person in command of the vessel should be advised in writing. If an election has been taken place, the union should advise all members of the designated work group of the outcome. Each crew swing needs to make arrangements for the selection of a HSR. See division 2 of the Occupational Health and Safety (Maritime Industry) Act 1993 (OHS(MI) Act) for an outline of the process for the selection of HSRs and their role. Length of officeIf you are elected as a health and safety representative (HSR), you hold office for two years unless you:
If you identify a health and safety issue and believe the ship or unit is not complying with a requirement in the legislation, there are actions you should take as a HSR. Throughout the process, involve and update your fellow employees on any health and safety matter that concerns them. An immediate threat to health and safetyYou must inform a supervisor if you have reasonable cause to believe there is an immediate threat to the health or safety of one or more employees in your designated work group. If no supervisor can be contacted immediately, direct the employee/s to stop performing the work, in a safe manner, and as soon as practicable inform a supervisor. No immediate threat to health and safetyIf there is no immediate threat to health and safety, you must follow this process.
You must first consult with the person supervising the work performed and attempt to reach agreement on rectifying the issue or preventing the contravention. If you and the supervisor fail to agree on a solution to the health and safety issue, or if the problem is too complex to be fixed on the spot, then you must, as the next step, consult with the person in command in an attempt to reach agreement on a solution. This must be done before taking steps to issue a Provisional Improvement Notice (PIN). The person in command of the ship will usually be the master. However, when the master is not on board or available, the person in command is the person responsible for the operations of the ship or unit. Occupational health and safety legislation encourages resolving issues through consultation. Consulting effectively is an important skill you will need in your role. Step 2: Issue a Provisional Improvement Notice (PIN)You may issue a Provision Improvement Notice (PIN) to the person in command, if, after consulting:
PINs must specify:
You may also specify in the PIN any temporary measures considered necessary until the problem can be fixed. As a HSR, you may, if appropriate, extend the time period specified in the PIN. This must be done in writing before the expiry date originally specified. When the PIN has been completed it must be given to the person in command and displayed in the area of the ship that is affected by the notice. You should keep a copy of the PIN and notify the Inspectorate that a PIN has been issued. View the PIN formView the Provisional Improvement Notice (PIN) form, form 1 in the Schedule to the Occupational Health and Safety (Maritime Industry) Regulations 1995. The instructions for filling out a PIN are set out in the notes. Samples of a PIN are provided in approved OHS training courses and can be found in the Health and Safety Representative (HSR) handbook (PDF, 1.1 MB). The instructions should be followed carefully. Step 3: Attempt to resolve the issue raised in the PINA PIN cannot be ignored. Every effort should be made by both parties to resolve the problem. Once a person in command has received a PIN, they must take a series of steps, including notifying each employee affected by the issue of the PIN. If the HSR and the person in command disagree on how and when a problem may be fixed, the person in command may ask for advice from an Australian Maritime Safety Authority (AMSA) inspector. If the ship is in an Australian port, or at sea heading for an Australian port, the person in command would generally contact the local AMSA office. In other circumstances, the person in command could contact either the AMSA office in the ship’s home port or AMSA’s head office in Canberra. Once the person in command takes this step, the operation of the PIN is suspended. AMSA will arrange for an inspector to investigate the problem as soon as practicable and make a decision on an appropriate course of action. Step 4: Contact the InspectorateWhere a PIN is not resolved, the Australian Maritime Safety Authority (AMSA) Inspectorate should be contacted either by:
Generally, the inspector will want to discuss the problem with both the HSR and the person in command, and any other relevant person, before deciding. The inspector normally visits the ship to examine and discuss the problem. However, if this is inconvenient, such as the ship is in a remote Australian port or overseas, the inspector may deal with the matter by phone, email or facsimile. Alternatively, the inspector may arrange for someone with expertise to visit the ship and report back to the inspector, who will then make the decision. If the operator, person in command or HSR is unhappy with the inspector’s decision on a health and safety issue, they can appeal to the Australian Industrial Relations Commission.
HSRs must be adequately trained, supported and encouraged if they are to be effective in their role.
The operator must ensure that you can exercise your powers and perform your functions as a HSR, under the Occupational Health and Safety (Maritime Industry) Act 1993 (OHS (MI) Act). The operator must also allow you to take paid time off work to exercise your powers. This includes to:
HSR training is a mandatory requirement for those selected as a HSR. In regard to HSR training, the operator must:
Other responsibilities the operator has to you are:
Seacare Authority responsibilities to HSRsThe Seacare Authority has the following responsibilities to your role:
As a HSR for a designated work group in the Seacare scheme, you are required to undertake a training course in occupational health and safety which is accredited by the Seacare Authority. This training helps build the skills and knowledge to perform your role effectively. Once trained, you can exercise the powers of a HSR. A course may be provided on a prescribed ship or a prescribed unit. Your operator must permit you to take the necessary time off work to undertake the training, without loss of salary, remuneration or other entitlements. There are currently three training courses accredited by the Seacare Authority. The providers of these courses are: Australian Maritime Safety ConsultantsAccredited until 20 May 2024Course contact: Dominic Panetta Phone and fax: 03 9323 1661 Mobile: 0404 031 858 Email: Ferriby Group of Companies (Australia) Pty LtdAccredited until 30 June 2025Course contact: Tricia Chant Phone: 0407 035 200 Email: or Website: Ferriby Group of Companies (Australia) Pty Ltd Work Health and Safety Foundation (WHS Foundation)Accredited until 30 June 2025Course contact: Tanja Van Haght Phone: 08 9333 9999 Email: Website: WHS Foundation To apply to become a provider of Seacare Authority-accredited training for HSRs, see Training providers.
The handbook aims to assist health and safety representatives (HSRs) and other employees to understand the role and responsibilities of a HSR. Pocket guidePage last reviewed: 30 June 2022 |