Health & Safety Representatives
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Role of Health and Safety Representatives 

The role of the Health and Safety Representative is to represent the members of their Designated Work Group in all health and safety matters. Where there are a number of representatives, it is necessary to co-operate and collectively represent workers on the site. To do this there must be good communication.

This will be achieved through reporting back to members on all issues, holding collective meetings with other health and safety representatives, publishing workplace OH&S newsletters and co-ordinating with union shop committees.

Some specific activities include:

o        encouraging the activity of members - S4(5);

o        inspections of the workplace for any health and safety hazards and risks and investigations of any incidents, illnesses or injuries in consultation with members - S58(1)(a)(i) & (ii);

o        discuss and resolve with management any health and safety matters identified - S73;

o        represent and consult members on the Health and Safety Committee - S72;

o        represent and consult members on the development of any/all health and safety policies and procedures - S69(1)(b), (c) & (d); and

o        report back to everybody on all health and safety matters.

In pursuing this role you have a number of rights under the Occupational Health and Safety Act 2004:

o        to be consulted on any changes at the workplace that could affect health, safety or welfare, such as introduction of new equipment or substances, any modifications, changes to processes or staffing, changes to rosters or shift arrangements - S31(2)(c)applies under the 1985 Act until January 2006 when Sections 35 and 36  of the 2004 Act take over;

o        to be provided with information on health and safety, such as hazards, injuries, investigations or consultants reports - S69(1)(a)

o        to have regular paid time to get actively involved in health and safety matters, such as inspections, investigations, OH&S Committee meetings, talking to members, meeting with other health and safety representatives - S69(1)(d);

o        to be provided with facilities, such as access to photocopier, facsimile, telephone, filing cabinet, computer, email/internet - S69(1)(e);

o        to issue a Provision Improvement Notice to force action to remove risk when you are unable to resolve an issue by negotiation with your manager - Sections 60, 61 & 62;

o        to issue a Cease Work on any issue that you believe is an immediate threat to health and safety of any member - S74;

o        to get advice and assistance from other persons, such as other representatives, delegates, Organisers, Union Health and Safety Officers and a VWA Inspector or Field Officer - S58(1)(f) & S70. 

As well as having these rights under the Occupational Health and Safety Act, the health and safety representative has always got the strength of united members to collectively force an issue.

 Occupational Health and Safety Act 2004
Election of Health and Safety Representatives

Health and Safety Representatives (HSR) are elected by the members of a Designated Work Group

Section 54

There is at least one HSR per Designated Work Group

Section 44(1)(b)

How many Designated Work Groups is negotiated between the employer and the employees

Section 43

Employees are able to authorise a representative to act on their behalf in these negotiations

A Shop Steward or Union Organiser obviously can be authorised to negotiate on behalf of employees

Section 44(5)

The law says that when deciding on a Designated Work Group the number of employees, nature of work, number of people doing similar work, nature of the hazards and overtime or shift arrangements need to be taken into account

Section 46

 

The law also says that the composition of Designated Work Groups can be varied by negotiation between the employer and employees

Section 44(2) & (3) & (4)

The election is conducted by the employees in the Designated Work Group

Section 54(3)

How the election is conducted is up to the employees

Section 54(4)

Health and Safety Representatives may be recalled by members of the Designated Work Group

Section 55(2)(d)

The AMIEU has copies of both the Occupational Health and Safety Act 1985 and 2004 and other WorkSafe Victoria publications.
Ask your Health and Safety Representative Support Officer about copies.
 


URL: http://vic.amieu.asn.au/index.php?topicid=14
Page registered by Administrator Victorian Branch on 30/10/02 06:56 for topic OH&S.
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