Introduction
In a significant development on 22 September 2021, amendments to Part 7 of the Occupational Health and Safety Act 2004 (OHS Act) ushered in changes to the powers of Health and Safety Representatives (HSRs). This article serves as a reminder of the changed HSR responsibilities and the nuances surrounding their expanded powers.
Changes to HSR Powers
The amendment is in Section 58(1) of the OHS Act, which now empowers HSRs to take:
- photographs,
- measurements,
- sketches, or
- recordings (including audio and video)
within any part of a workplace where a member of their designated work group (DWG) operates, with certain exceptions. This newfound authority is designed to assist HSRs in fulfilling their crucial role under the OHS Act and is explicitly restricted to purposes specified within the legislation.
Limits on Powers
Section 59 of the OHS Act introduces limitations on HSR powers, even with the addition of the authority to document the workplace in photographs, measurements, sketches, or recordings (including audio and video). Generally confined to an HSR’s DWG or those they are authorised to represent, exceptions exist when there is an immediate risk to health or safety affecting another DWG member, or when assistance is sought by a member of another DWG, and referral to the respective HSR is not feasible.
However, certain situations, such as interviews referred to in Section 58(1)(d) or 58(1)(e) of the OHS Act, are off-limits for photography, measurements, sketches, or recordings. This includes interviews involving an HSR’s DWG member with an inspector or the employer.
Purposeful Use of Powers:
HSRs are obliged to use or disclose any collected data, be it photographs, measurements, sketches, or recordings, solely for purposes outlined in Section 58(2) of the OHS Act. These purposes encompass making inquiries into potential health and safety risks, resolving workplace health and safety issues, representing DWG members, and monitoring employer-initiated measures for workplace health and safety.
For instance, HSRs can share such documentation with their employers to facilitate discussions on health and safety concerns, collaborate with individuals assisting them under Section 58(1)(f), or provide information to WorkSafe to aid in resolving health and safety issues.
Caution on External Sharing
It is important for HSRs to exercise discretion, as sharing photographs, measurements, sketches, or recordings through media or social platforms is unlikely to align with the permissible purposes outlined in the OHS Act. This cautionary note underscores the need for HSRs to maintain a focus on the legislated objectives of promoting workplace safety.
Conclusion
In navigating the amended landscape of HSR powers, an awareness of the scope and limitations is needed. HSRs play a key role in upholding workplace safety, and with these enhanced powers comes an increased responsibility to ensure their application aligns with the spirit and letter of the OHS Act. HSR’s should be undertaking refresher training each year via a WorkSafe approved facilitator.
Should you have any questions regarding this, don't hesitate to contact NECA's safety team on 1300 300 031.