As a workplace safety specialist, I’m often asked, “Are Health and Safety Representatives (HSRs) mandatory in Australia?”
The answer isn’t a straightforward yes or no, it depends on your workplace’s location and if there are major construction projects being conducted over a certain value. While HSRs aren’t always legally required, they are invaluable for improving safety culture and compliance.
In this article, we’ll break down when HSRs are mandatory, their benefits, and how they can help your organisation create a safer, more productive workplace.
“The answer isn’t a straightforward yes or no…”
What Are Health and Safety Representatives?
Health and Safety Representatives (HSRs) are workers elected to represent their colleagues on workplace health and safety matters. Their role includes raising safety concerns, participating in consultations, and helping businesses meet their Work Health and Safety (WHS) obligations.
Are HSRs Mandatory in Australia?
For most Australian workplaces, HSRs are not mandatory unless a worker requests their election. Employers are legally required to facilitate the election process if a request is made under the Work Health and Safety Act 2011.
However, there are exceptions. In the Australian Capital Territory (ACT) where HSRs are mandatory for major construction projects valued at over $5,000,000.
Key Considerations:
- ACT Major Construction Projects: Section 50 of the WHS Act mandates HSRs for projects over $5,000,000.
- Smaller Construction Projects: Projects valued between $250,000 and $5,000,000 require a principal contractor but not HSRs.
- Non-Construction Workplaces: HSRs are only required if workers request them.
For the full legal framework, refer to the Work Health and Safety Act 2011 (ACT) and Safe Work Australia’s HSR Overview.
Why Your Business Should Consider HSRs
Even if HSRs aren’t mandatory, they offer significant benefits, including:
1. Improved Safety Engagement
HSRs act as a bridge between workers and management, ensuring safety concerns are addressed quickly and effectively.
2. Support for Safety Activities
HSRs can assist with hazard identification, risk assessments, and incident investigations, reducing the workload for supervisors and WHS officers.
3. Enhanced Safety Culture
Having HSRs fosters a safety-first mindset, leading to fewer incidents and a more engaged workforce.
4. Compliance Benefits
Appointing HSRs shows a proactive approach to WHS, which is beneficial during audits and inspections.
Roles and Responsibilities of HSRs
HSRs are empowered under Section 68 of the WHS Act to:
- Inspect workplaces
- Monitor compliance with WHS standards
- Consult with workers and management on safety matters
- Issue Provisional Improvement Notices (PINs)
- Direct unsafe work to cease (after completing required training)
Example: An HSR at a manufacturing plant noticed recurring forklift near-misses. After consultations and inspections, they recommended traffic management improvements, significantly reducing incidents.
Obligations for Employers with HSRs
If your workplace has HSRs, you must:
- Provide paid time for them to attend accredited training.
- Offer necessary resources and facilities to perform their role.
- Consult with them on any WHS matters that impact workers.
“While HSRs aren’t mandatory for all Australian workplaces, their benefits are undeniable.”
Final Thoughts
While HSRs aren’t mandatory for all Australian workplaces, their benefits are undeniable. They strengthen communication, enhance workplace safety, and demonstrate a commitment to compliance and worker well-being.
For high-risk industries or workplaces in the ACT, appointing HSRs can be critical to meeting legal obligations. For other businesses, having HSRs is a proactive step toward building a safer, more productive work environment.
If you’re interested in understanding how you can utilise the HSR role in your organisation check out our article on How to Effectively Utilise Health and Safety Representatives (HSRs) in Your Business.
ABOUT THE Author - Kylie Dowell
Kylie Dowell is a seasoned WHS consultant, trainer, and safety advocate with over 25 years of experience helping Australian businesses create safer, compliant workplaces.
Through her partnership with TEAMS, an accredited Registered Training Organisation, Kylie delivers a wide range of training up to Advanced Diploma level, empowering businesses with the knowledge and skills to manage safety effectively.
As an approved trainer for Health and Safety Representative (HSR) courses by three Safety Regulators, Kylie has guided countless organisations in building stronger safety cultures and fostering healthier work environments.
Specialising in practical and effective safety solutions, she works closely with small and medium-sized businesses to simplify complex WHS requirements, making safety approachable and achievable.
When she’s not delivering high-quality training or conducting ISO 45001-certified audits, Kylie enjoys collaborating with her clients to design tailored workshops and strategies that suit their unique needs.
Ready to make safety simpler? Get in touch with Kylie today for personalised support.