Consultation, representation and participation

HSRs represent the health and safety interests of a work group and raise any issues with their employer.

A PCBU must facilitate elections for HSRs if requested by their workers, and must ensure that all HSRs complete the approved training requirements.

A PCBU must ensure that a list of HSRs and deputy HSRs (if any) for the business or undertaking is prepared and kept up-to-date. A copy of the up-to-date list must be displayed in a way that is readily accessible to workers in the relevant work group or work groups:

• at the principal place of business of the business or undertaking
• at any other workplace that is appropriate taking into account the constitution of the relevant work group or work groups.

A copy of this list must also be emailed to Workplace Health and Safety Queensland.

Guidance

• Health and safety representatives - Information for workers, and prospective and current HSRs and deputy HSRS (PDF, 0.3 MB)
• Health and safety representatives - Information for employers and company executives (PDF, 0.39 MB)

Read more about health and safety representatives.

A HSC facilitates cooperation between a PCBU and workers in developing and carrying out measures to ensure health and safety at work. This includes health and safety standards, rules and procedures for the workplace.

A HSC must meet at least once every three months and at any reasonable time at the request of at least half of the members of the committee.

Read more about Health and safety committees.

On 23 October 2017, the Queensland Parliament passed the Work Health and Safety and Other Legislation Amendment Act 2017 (the amendment Act) as a result of the Best Practice Review of Workplace Health and Safety Queensland (WHSQ).

Read more about Work health and safety officers.

Under the Work Health and Safety Act 2011 (the WHS Act), business operators, have a duty to consult with other business operators who have the same duty in any situation.

Sharing responsibilities

There are often situations where more than one business operates at a workplace and where people share responsibility for work health and safety to varying degrees (for example, shopping centres, construction projects, labour hire, multi-tenanted office buildings).

Section 16 of the WHS Act requires that:

• where more than one person has a duty for the same matter, each person retains responsibility for their duty in relation to the matter and must discharge the duty to the extent to which the person can influence and control the matter.

Section 46 of the WHS Act also requires:

• each person with a duty must, as reasonably practicable, consult, cooperate and coordinate activities with all other persons who have a work health or safety duty in relation to the same matter.

Under the WHS Act, you cannot transfer your responsibilities to another person. The requirement to consult, cooperate and coordinate activities with other duty holders will help you to meet your primary duty, to ensure, as reasonably practicable, all workers and other persons are not put at risk from work carried out as part of your business or undertaking.

Consultation, cooperation and coordination between you and the person providing those facilities will help you ensure that the necessary steps are being taken so that you can meet your duty.

The duty requires persons conducting businesses and undertakings to work together in a proactive and reciprocal way. All risks associated with any activity that they are involved in are eliminated or minimised as far as is reasonably practicable.

1. If resolved, details must be set out in writing and communicated to workers and HSRs.
2. If not resolved, any party to an issue may request the assistance of any other person, who can enter and remain at the workplace for the purpose of assisting in resolving the issue. This may include a professional person, such as an engineer, ergonomist or a psychologist.
3. If an issue still remains unresolved, a party may ask Workplace Health and Safety Queensland to appoint an inspector to attend the workplace to assist.
4. A party to one of the following categories of disputes may also choose to instead apply to the Queensland Industrial Relations Commission (QIRC) for resolution:

• matters about work health and safety subject to the issue resolution process under Part 5, Division 5 of the WHS Act
• ceasing unsafe work under Part 5, Division 6 of the WHS Act
• requests by HSRs for a 'suitable entity' to have access to a workplace under section 70(1)(g) of the WHS Act
• HSRs accessing information, or being given copies and information about certain notices under sections 70(1)(c), (cb) or(cc) of the WHS Act, and
• matters about HSR training (e.g. choice of training provider, attending approved training, a PCBU paying training costs and the correct wages and entitlements of the HSR when attending approved training).