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Health and safety representatives (HSRs)

Health and safety representatives (HSRs) elected under the repealed Workplace Health and Safety Act 1995 will continue to hold their appointment. Their existing appointment will continue for the term of their appointment under the Work Health and Safety Act 2011, that is, for three years from the date they were appointed under the repealed Workplace Health and Safety Act 1995.

HSRs will be able to exercise all their powers under the Work Health and Safety Act 2011 [including issuing of provisional improvement notices (PINS) and the power to direct workers to cease work] for 12 months from commencement of the Work Health and Safety Act 2011.

After this time, if they have not undertaken the requisite training, they will not be able to continue to direct workers to cease work. As all qualified HSRs have already completed PINS training, they will not be required to undertake further training on this matter. However in order to exercise their power to direct workers to cease work after 31 December 2011 HSRs will need to have completed the One day bridging Course for HSRs.

Any incomplete elections for a HSR must be finalised within three months after the Work Health and Safety Act 2011 commences, otherwise they must be restarted under the new provisions of the Work Health and Safety Act 2011.

Any PINS issued by a HSR will remain in force and can be enforced under the provisions of the repealed Workplace Health and Safety Act 1995. Any non-compliance will need to be addressed by issuing a new PIN under the Work Health and Safety Act 2011 or appointing an inspector to review the PIN. Any notices issued by the inspector would be under the Work Health and Safety Act 2011.

Where a HSR has had their entitlement to issue PINS under the repealed Workplace Health and Safety Act 1995 suspended or cancelled this will continue to apply under the Work Health and Safety Act 2011 (either for the period of suspension or indefinitely).