OHS Law - 3 Years On - Did You Know?

There is never been a better time to put your hand up if you want to become a Health and Safety Representative (HSR) or a Deputy HSR.

July 2008 is the third anniversary of the Victorian OHS Act, which established a three year term for elected HSR s and Deputy HSR s.

This means that there will be a lot of HSR and Deputy HSR vacancies to be filled across DHS.

HSR s and Deputy HSR s are a crucial link between employees and their employers when dealing with OHS issues at the workplace. They provide employees with a mechanism to have their views and concerns on health and safety heard. They also facilitate communication and consultation. The OHS Act gives them a role in raising and resolving any OHS issues and powers to take issues further.

HSR s and Deputy HSR s contribute greatly to making Victorian workplaces safer. Employers should work together with them and support and encourage them in their role.

The OHS Act provides for the election of HSR s and Deputies to represent the employees in Designated Work Groups (DWG's). Each DWG must have at least one HSR. HSR s and Deputy HSR s are elected by DWG members. If there is more than one DWG, a separate process to elect a HSR in each one is needed.

How does the OHS Act refer to the HSR election process?

ELECTION PROCESS
S.54 (4) It is up to the members of the DWG to decide on the process for calling for nominations within the DWG, and on how an election is to be conducted (if one is required).
S.54 (6) In the event that the number of candidates nominated for election (as HSR s and deputy HSR s) equals the number of vacancies in the DWG, the candidates are deemed to be ‚Äö?Ñ??elected and there is no need to proceed with an lection as such.

The election process may be informal, e.g. with a show of hands. Alternatively, it may involve a more formal process, such as the use of ballots. Employees may also choose to ask their union to run the election for them.
(If there is more than one union representing DWG(s) members, this can be done jointly, by agreement.)

What if someone is already elected as an HSR under the 1985 OHS Act?
S.164 (1) That person continues to be an HSR under the OHS Act 2004.
S.55(2) A person who was an HSR before 1 July 2005 continues to be the HSR for the DWG for a period of up to three years from 1 July 2005, unless the person ceases to hold office, e.g. by resigning as HSR.

s.54(4) Are employers able to appoint an HSR?
No. The role of an HSR is to represent employees, not the employer. Therefore, employees must be given the opportunity to determine who is going to represent their health and safety interests in the workplace. The employees will determine how the election is to be conducted; the employer s role is to enable these elections to take place.

s.164(1) How long is the term of office for an HSR?
HSR s in place when the OHS Act took effect on 1 July 2005 have a term of office of three years (to 30 June 2008).

s.44(3) In workplaces where DWG s were in place prior to when the OHS Act took effect, the s.44(1) employer and DWG members should negotiate a variation to their DWG to determine the term of office for HSR s, which may be up to three years.

s.55(1) In choosing the term of office in the DWG negotiations (or in any variation of an agreement), consideration should be given to the need for stability in the representation of the members of the DWG and any other reasons given by those involved in the negotiations.
s.55(3) When their term of office expires, HSR s are eligible to be re-elected.

s.57(1) DEPUTY HSR s
Deputy HSR s are elected in the same way as HSR s. Arrangements such as the term of office, grounds for disqualification and an entitlement to training, etc. apply equally to both HSR s and Deputy HSR s.

s.57(2) When can a deputy HSR exercise the powers of an HSR?
If an HSR ceases to hold office or is unable to exercise the powers of an HSR because of absence or any other reason, the powers may be exercised by an elected deputy HSR for the relevant DWG.

If you require information about current HSR or Deputy HSR vacancies please contact members of your DWG, your local manager, or the Safety and Well being team in your region. You can also contact your OHS Support Officer Sergio Pirisi on spirisi@cpsuvic.or or telephone 03 9693 1822 or on 1800 810 153.


KAREN BATT
CPSU Victorian Branch Secretary

Monday, 23 June, 2008