The person conducting a business or undertaking (PCBU) must:
- consult with the health and safety representative (HSR) on health and safety matters that affect the HSR’s work group members
- give the HSR access to health and safety information, including information about hazards and risks
- allow the HSR to attend interviews concerning work health and safety between one or more workers (with their consent) and an inspector or another PCBU at the workplace (or their representative). The HSR should be informed of these interviews, and the HSR and worker may wish to consult before and/or after the interview
- provide the HSR with the resources, facilities and assistance reasonably necessary to enable them to exercise their powers and functions
- give anyone assisting the HSR access to the workplace if it’s necessary. The PCBU does not have to pay this person. The PCBU can also refuse access to the workplace if they have reasonable grounds to do so; and/or the person has had their WHS entry permit revoked, or is currently suspended/disqualified from holding a WHS entry permit
- allow the HSR to accompany a WorkSafe inspector during a workplace inspection where the HSR’s work group members work
- allow the HSR reasonable time to exercise their powers/functions
- pay the HSR the same pay and entitlements when performing their role as a HSR that they receive when performing their normal duties.
A PCBU must not provide any personal or medical information about a worker without the worker’s consent, unless the information doesn’t/can’t identify the worker.
Providing resources, facilities and assistance to the HSR
A PCBU must provide any resources, facilities and assistance that are reasonably necessary to enable the HSR to exercise their powers/functions. These may include:
- access to a private room, desk and chair for discussions or interviews
- a computer with internet and email access
- access to a telephone
- facilities for photocopying and filing, including a lockable filing cabinet and shelves
- access to a room for work group meetings
- access to relevant technical equipment; for example, a noise meter
- the use of noticeboards
- transport or travel expenses to commute between workplaces.
Keeping a list of HSRs
The PCBU should inform workers who their HSRs and deputy HSRs are, by displaying a list:
- at the principal place of business and at any other workplace appropriate to the relevant work groups
- in a prominent place; for example, a noticeboard and the workplace intranet.
The PCBU must also send WorkSafe a copy of this list.
The PCBU must not:
- discriminate against a worker who is/had been/will be a HSR or deputy HSR.
- ask, instruct, encourage, authorise or help someone else to discriminate against a worker who is/had been/will be a HSR or deputy HSR.