1. NSW Work Health & Safety Act
Session 2
WHS Act
Trainers Notes: Reasonably practicable
Explain
This session covers the obligations imposed by the Work Health Safety Act in relation to determining what is reasonably practicable.
It should be covered after the Module on PCBUs.

2. Overview of what WHS Act says about reasonably practicable
The PCBU has a duty to ensure, so far as is reasonably practicable, the health & safety of workers that are:
engaged to carry out work for their business or undertaking
placed with another person to carry out work for that person, or
influenced or directed in carrying out their work activities by the person, while the workers are at work in the business or undertaking
WHS Act
Trainers Notes: Reasonably practicable
Explain
The WHS Act outlines the duties of PCBUs (covered in detail in the PCBU module) and qualifies their obligation by the expression so far as is reasonably practicable..
How the Act defines Reasonably Practicable
18 What is reasonably practicable in ensuring health and safety
In this Act, reasonably practicable, in relation to a duty to ensure health and safety, means that which is, or was at a particular time, reasonably able to be done in relation to ensuring health and safety, taking into account and weighing up all relevant matters including:
(a) the likelihood of the hazard or the risk concerned occurring; and
(b) the degree of harm that might result from the hazard or the risk; and
(c) what the person concerned knows, or ought reasonably to know, about:
(i) the hazard or the risk; and
(ii) ways of eliminating or minimising the risk; and
(d) the availability and suitability of ways to eliminate or minimise the risk; and
(e) after assessing the extent of the risk and the available ways of eliminating or minimising the risk, the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk.

3. Reasonably practicable includes:
Likelihood
Degree of harm
Reasonably
Practicable
WHS Act
Availability & suitability of controls
State of knowledge
Trainers Notes: Reasonably Practicable
Explain
Reasonably Practicable in summary
The standard of ‘reasonably practicable’ has been generally accepted for many decades as an appropriate qualifier of the duties of care in most Australian jurisdictions.
‘Reasonably practicable’ represents what can reasonably be done in the circumstances. It is an objective standard based on what a reasonable person could be expected to do in the circumstances..
Reasonably practicable takes into account the level or magnitude of risk. The greater is the risk, the greater is the effort that may be needed to eliminate it or reduce it. Similarly the degree of harm or possible consequences need to be considered.
Reasonably practicable also takes into account the state of knowledge about the risk and the availability and suitability of ways of eliminating or reducing it.
Finally, reasonably practicable takes into account the cost of eliminating hazards or risks. This does not mean risks should only be controlled if you can afford it but rather that risks must be controlled unless the cost is grossly disproportionate to the benefits of risk reduction.
There may be circumstances in which a PCBU cannot afford to implement a control that is not so disproportionate to the risk as to be
clearly unreasonable. In this circumstance the duty-holder should not engage in the activity that gives rise to that hazard or risk. Similarly where the risk is extreme (death or serious injury likely) it is unlikely that the cost of control would be seen as disproportionate and thus the best option would be to cease the activity.
Highlight to participants that a risk management approach is the normal way in which reasonably practicable is defined.
Cost

4. Reasonably practicable: Getting the balance
Reasonably practicable is the balance between risk and time, effort and cost
Likelihood, degree of harm, knowledge etc
Time, effort and cost
to eliminate or reduce risk
WHS Act
Trainers Notes: Reasonably Practicable
 Explain
Balance point
The balance point is where the time, effort and cost is proportionate to the benefit in risk reduction.

5. Reasonably practicable: Getting the balance?
Level of time, effort and cost way
out of proportion with benefits
in risk reduction
E.G little likelihood of risk occurring risk/minimal harm
High level of time, effort
and cost to eliminate
or reduce risk
WHS Act
Trainers Notes: Reasonably Practicable
 Explain
Balance point
The concept of reasonably practicable means that where this balance is out of kilter (i.e. where the costs are “grossly disproportionate” to the benefits of risk reduction) the employer is entitled to introduce prevention measures that are more appropriate to the likely benefits
Reasonably practicable also means that the higher the level of risk the greater the time, effort and cost must be taken to eliminate it or reduce it.
Ask
Are there examples in your workplace where you have to achieve this balance?
Discuss with a view to what would be reasonably practicable.

6. Reasonably practicable in the workplace
For common hazards such as noise, falls and manual handling there are regulations that define what has to be done to control risks. These common hazards also have supporting codes of practice to provide guidance on how to control risks.
For more complex or workplace specific risks a risk management approach can be used to establish what is reasonably practicable
The most common decisions about reasonably practicable relate to the type of risk control to be used (the hierarchy of control). In other words what is the highest level of protection that is reasonably practicable.
WHS Act
Trainers Notes: Reasonably Practicable
 Explain
Facilitate: Group exercise
To highlight the fact that most hazards and risks are already well covered by risk controls ask the group to nominate three hazards found in their workplace.
For each hazard draw a circle and by working through questions such as:
Do existing regulations prescribe what has to be done?
Are there approved codes that recommend risk controls?
Are there industry guides available?
Are there well accepted industry practices used?
Positive answers to these questions mean that the circle should be shaded in as there is little uncertainty or need for a definition of what is reasonably practicable?
Where there are uncertainty gaps see how a standard risk assessment would provide a guide to what is reasonably practicable.

7. Reasonably practicable: the Hierarchy of Control
The WHS Act advocates the highest level of protection as is reasonably practicable and the model regulations in many cases mandate a set of preferred controls consistent with the hierarchy of control
Consequently the level at which controls are applied is subject to decisions about reasonably practicable.
WHS Act
Trainers Notes: Reasonably Practicable
 Explain
Hierarchy of control
 What is meant by the highest level of protection is best described by the concept of the hierarchy of control.
The following questions can guide you through the hierarchy:
Can the risk be removed by ceasing the use of substances or stopping particular activities? – ELIMINATION.
Can materials, equipment or processes be replaced with less hazardous ones?-SUBSTITUTION.
Can the source of risk be isolated by barriers or enclosures? - ISOLATION
Can the source of risk be reduced by engineering controls? – ENGINEERING
Can the risk be reduced by redesign of the materials, equipment and work process? – DESIGN
Can the risk be reduced by using safe work practices? - ADMINISTRATIVE
Can the risk be reduced by using Personal Protective Equipment? - PPE
For example, falls from height are regulated with a preferred set of controls from design and engineering down to personal protection measures.

8. Reasonably practicable: The hierarchy of control
STOP OR CHANGE THE ACTIVITY, PRACTICE OR PROCEDURE
ELIMINATE RISKS (so far as is reasonably practicable)
MINIMISE RISKS (so far as is reasonably practicable)
SUBSTITUTE WITH SAFER ALTERNATIVE
REDESIGN TO REDUCE RISK
ISOLATE PEOPLE FROM RISK
STOP USING OR CHANGE THE PRODUCT, PROCESS, PLANT OR SUBSTANCE
USE ENGINEERING CONTROLS
USE ADMINISTRATIVE PROCEDURES
USE PROTECTIVE CLOTHING / EQUIPMENT
MOST RELIABLE LEAST RELIABLE
Highest LEVEL OF PROTECTION Lowest
WHS Act
 Trainers Notes: Reasonably practicable
NOTE:THIS SLIDE IS OPTIONAL (unhide if you want to use)
Explain
Diagram illustrates hierarchy and highlights that level of protection and the reliability of the prevention measures. Measures that depend solely on individual awareness (e.g. signage “keep clear of edge”) are less reliable than engineering or design measures (e.g. edge protection, safety barriers).
The exercise that follows also illustrates the hierarchy in deciding what is reasonably practicable.

9. What is different in WHS Act about Consultation
Much broader duties for PCBUs to consult with other duty holders, and workers, including those likely to be affected by their business or undertaking
Trainers Notes: Consultation
 Explain
Part 5 of the Work Health Safety Act deals with consultation, representation and participation.
In this session will be dealing with the requirements in relation to consultation.
There are other modules, dealing with representation and participation – namely Health and Safety Representatives and Health & Safety Committees.
While many of the provisions in the WHS Act have been taken directly from the NSW OHS Act 2000 there as some important differences. Therefore some of what you will learn in this session will sound familiar yet some requirements are very different.
The key difference in the new legislation is that the WHS Act places much broader duties on PCBUs to consult not just with other duty holders and not just with their employees but with workers, including those workers likely to be affected by the business or undertaking.
This duty is to be undertaken “as far as is reasonably practicable’ in particular ways and at certain times.
Let’s have a look at what the legislation actually says:
Establishes comprehensive duties to consult on work health and safety matters
so far as is reasonably practicable

10. Overview of what WHS Act says about Consultation
MUST CONSULT:
with all workers who carry out work who may be directly affected by WHS matter
in an effective way
on certain matters,
involve HSR – if workers represented by that HSR
…., cooperate and coordinate activities with other duty holders who share WHS responsibilities
Trainers Notes: Consultation
 Explain
 What the WHS Act says about Consultation
The obligation on PCBUs to consult can be summarised as follows:
The PCBU:
MUST consult with workers who may be directly affected by WHS matter (not just employees)
MUST consult in an effective way (which is detailed in the Act)
MUST consult on certain matters, at certain times (which are also detailed in the Act)
If the workforce has requested Health and Safety Representatives than the consultation is to involve the HSRs
IN ADDITION:
There is now a new obligation on duty holders to consult, cooperate and coordinate activities with other duty holders
And remember this is all qualified by the need to do these things in these ways so far as is reasonably practicable – we will deal with this in a minute.
SO FAR AS IS REASONABLY PRACTICABLE

11. What WHS Act says PCBUs must do:
Obligation to consult with workers – s47
PCBU must, so far as is reasonably practicable, consult with workers who carry out work for the business or undertaking who are, or likely to be, directly affected by a WHS matter
SO WHO ARE THE WORKERS LIKELY TO BE AFFECTED?
Trainers Notes: Consultation
 What the WHS Act says PCBUs must do
 Explain:
In relation to consulting workers – the obligations in the WHS Act are much broader;
Section 47 says:
PCBU must, so far as is reasonably practicable, consult, with workers who carry out work for the business or undertaking who are, or likely to be, directly affected by a WHS matter.
The scope of the obligation has been extended to include a duty to consult with all workers not just employees and not just workers of the PCBU.
Rather anyone who is involved in determining how work is done (i.e. a PCBU) must consult with any person who carries out work in any capacity for the PCBU who is or can be directly affected by a WHS matter while carrying out the activities of the business or undertaking.
This includes self employed subcontractors (who are workers of the PCBU, but may be a PCBU in their own right) as well as the employees of subcontractors, labour hire personnel, volunteers, etc.
In determining what workers may be directly affected by a WHS matter you need to think beyond your actual workplace and beyond your actual workforce.

12. Effective consultation requires:
Agreed procedures followed
Workers advised of outcome in timely manner
Relevant HSR involved if one exists
Consultation
Views of workers are taken into account by PCBU
Relevant information about the matter is shared with workers
Trainers Notes: Consultation
What the WHS Act says PCBUs must do
 Explain:
The WHS Act provides direction on how consultation is to be carried out. It does this by prescribing what consultation requires. You will note that this list of requirements is almost word for word from the NSW OHS Act 2000 – with one important addition.
Firstly if the PCBU and the workers have agreed to procedures for consultation then these procedures must be followed and the nature of the consultation must be consistent with such procedures.
Secondly if the workers are represented by an elected Health and Safety Representative, then the HSR is to be involved in the consultation.
3. The PCBU is required to do the following:
must share relevant information with workers about WHS matters
provide workers with reasonable opportunity to:
Express their view about the matter
Raise issues about the matter
Contribute to the decision making process
Take the views of the workers into account
Advise the workers consulted of the outcome of their deliberations in a timely manner
It is only this final point that is different from existing consultation provisions. The requirement to tell the workers about the decision reached regarding the matter of concern (the outcome) is a significant inclusion as it adds a degree of accountability for the PCBU.
The PCBU is not necessarily required to do what the workers have suggested but must explain what they intent to do about the matter and why, in light of the views expressed by the workers.
This must also be done in a timely manner and will go some way to indicating to the workers that their views have been taken into account even if the outcome is not what the workers may have suggested.
Workers given opportunity
express views,
raise WHS issues
contribute to decision making

13. What WHS Act says about Consultation:
CONSULTATION is required WHEN:
identifying hazards and assessing risks
making decisions about how to eliminate & minimise risks
making decisions about facilities for welfare of workers
proposing changes that affect WHS of workers
decisions about procedures for:
Consultation
Issue resolution
Health monitoring
Monitoring condition of workplace
Information and training
Trainers Notes: Consultation
 Explain
What the WHS Act says about Consultation
The WHS Act prescribes exactly when consultation is to take place. In effect this is the same as the existing NSW provision except that the duty to consult extends to a wider group of persons (as we have previously discussed).
Section 49:
Consultation is required:
WHEN identifying hazards and assessing risks arising from WHS matters arising from work carried out by PCBU
WHEN making decisions about ways to eliminate and minimise those risks
WHEN making decisions about the adequacy of facilities for the welfare of workers
WHEN proposing changes that may affect the health and safety of workers
WHEN making decisions about procedures for:
Consultation
Resolving WHS issues
Monitoring health of workers
Monitoring conditions at the workplace under the management of the PCBU
Providing information or training for workers
WHEN carrying out any other activity prescribed by the Regulations.
So you can see the requirements are almost exactly the same as the OHS Act 2000 apart from not mentioning the types of changes which may affect WHS such as changes to the work premises, work methods, work systems, plant and substances used for the work – although this is implied in the general provision to consult when proposing changes which may impact on WHS.

14. Consult so far as is Reasonably Practicable ?
What is reasonable in the particular circumstances at the particular time? This will depend on:
The size and structure of your business
The nature of the work undertaken and the seriousness of the risk
The nature of the particular decision or action including the urgency of need to act
The work arrangements & availability of workers – shift work, remote work
The characteristics of the workers - including language and literacy
Trainers Notes: Consultation
Explain
As mentioned previously the requirement for you to consult with workers is, like other duties in the WHS Act, qualified by what is reasonably practicable for you to do.
What is reasonably practicable in relation to consultation is likely to be considered by both WorkCover and the courts to reflect what measures are able to be taken for consultation and the degree to which taking such measures is reasonably required under the particular circumstances, at the particular time. What is reasonably practicable in relation to consultation will depend on:
The size and structure of your business
The nature of the work being carried out and the seriousness of the risk
The nature of the particular decision or action, including the urgency of the need for you to make a decision or to act.
The work arrangements, and the availability of the workers – e.g. shift work, remote work
The characteristics of the workers, including language and literacy levels.
You are not expected to do the impossible but you are expected to take an active and sensible approach to consultation.
In most situations it would be reasonable to expect that you would consult with workers who are:
A HSR in your workplace
Working in your workplace
Regularly working for you outside the workplace (drivers, personnel working at home)
Influenced or directed by your work activities (e.g. consignors/consignees)
On short-term leave (sick leave or annual leave)
You don’t need to consult all workers all of the time. The workers you consult are those who are or could be affected by the health and safety matter under consideration, or their HSR, if they have elected one.

15. What you need to do
Make sure your workers are aware of WHS matters asap
Encourage them to ask questions about WHS
Encourage them to raise concerns and report problems
Encourage them to make suggestions to solve WHS problems
Involve them in the problem-solving process
Inform them of outcome of consultation & decision, promptly
Trainers Notes: Consultation
Explain
Effective consultation is a two way process between you and your workers. It requires you to engage your workers by talking to them about health and safety issues BEFORE you have made up your own mind about the issue or how you will solve the issue. If you fail to do this your attempts at consulting with your workers will be seen as not sincere nor genuine.
Make sure you workers are aware of health and safety matters as soon as possible
Encourage them to ask questions about health and safety matters
Encourage them to raise their concerns and report any problems
Encourage them to make suggestion to solve health and safety matters
Actually involve them in the problem solving process
Inform them of the outcome of the consultation and of you decision promptly.

16. How to consult your workers
In collaboration with your workers you need to work out methods that:
Meet your duty to consult
Ensure all workers can participate in consultation
Integrates with the way you manage WHS risks
You can have, for example
SMALL
Informal mechanism
MEDIUM
Health and Safety Representatives
LARGE
Safety Committees
DIVERSE
A combination of methods
Trainers Notes: Consultation
Explain
There are a range of methods you can use to consult with your workers. The arrangements you put in place to consult with your workers should take into account the size of your business, how you normally communicate with your workers and what suits the workers.
If you already have consultative mechanisms in place for your employees THAT WORK – don’t discard them. Review them with your workers and decide how the existing arrangements can be used or modified to consult with other workers who do work for you.
The WHS Act allows for a range of mechanisms to consult with workers ranging from informal flexible methods to formal methods like the election of Health and Safety Representatives (HSRs) by workgroups and/or Safety Committees You may need a combination of these mechanisms to consult in different circumstances.
There are separate modules of training on Health and Safety Representatives and on Safety Committees which deal with detailed requirements for their election, establishment and functions.

17. Agreeing on Consultation Procedures
The WHS Act allows you to establish agreed procedures for consultation with your workers. Such procedures must be consistent with S48 WHS Act.
The agreement allows you to clearly state:
the responsibilities of all people in the workplace
when consultation is necessary
who will be involved in the consultation
how the consultation will occur
how information will be shared
what opportunities will be provided for workers and HSRs to give their views
how feedback will be given to workers
how consultation will occur with workers with language / literacy needs
Trainers Notes: Consultation
Explain:
The WHS Act, just like the NSW OHS Act, allows you to create flexible arrangements to consult with your workers provided that these arrangements are reached in agreement with your workers. Such an agreed arrangement may be as simple as agreeing with your workers that OHS issues will be raised and discussed at the weekly production meeting or the monthly staff meeting. Such procedures must be consistent with the nature of consultation prescribed in S48 of the WHS Act and as discussed earlier (Refer slide – Nature of Consultation)
Basically it can be anything that works for you and your workers provided that you both agree.
While it is not specifically required that you document this agreed arrangement, it is recommended that you do as it provides you with the opportunity to clearly state what you have agreed to, what is expected and how the consultation process will work.
Specifically the documented agreement allows you to clearly state:
the responsibilities of all people in the workplace
when consultation is necessary
who will be involved in the consultation
how the consultation will occur
how information will be shared
what opportunities will be provided for workers and HSRs to give their views
how feedback will be given to workers
how consultation will occur with workers with language or literacy needs
The main thing is that you do genuinely seek to consult with your workers and that you can demonstrate this if needs be.

18. What WHS Act says PCBUs must do:
Obligation to consult with other duty holders – s46 “Duty holders with overlapping WHS duties must, so far as is reasonably practicable, consult, co-operate and co-ordinate activities with each other”
Trainers Notes: Consultation.
 What the WHS Act says Persons must do?
The WHS Act introduces much broader duties for persons who control how work is done (PCBUs) to consult with other persons who have duties or responsibilities under the Act.
Specifically Section 46 states:
“If more than one person has a duty in respect of the same matter under this Act (which in many circumstances will be the case)
each person must, so far as is reasonably practicable, consult, cooperate and coordinate activities with all other persons who have a duty in relation to the same matter”
In this context
consult means to share information about risks and what you each party is doing to control the risk
co-operate involves providing assistance where necessary and ensuring that your activities do not interfere with the other person’s duties
co-ordinate involves planning and organising activities together so that each person can meet their duties
You will recall from earlier sessions that there can be a lot of persons with duties under the WHS Act. There may be more than one PCBU with a duty of care in relation to the same activity and therefore each duty holder shares a responsibility to work together to ensure that the required measures are taken to produce the required health and safety outcomes.
The obvious example of where there are overlapping responsibilities and duties for the same matter is at a constriction site where the principle contractor and multiple subcontractors share responsibilities for supervision of works, SWMS, instruction and training , site inspections, incident investigations, audits etc.
The duty to consult is not limited to PCBUs at the same workplace. It covers all circumstances where a person owes a duty in respect to the same matter of concern. If you buy an item of plant for your operations you may have a duty to consult, cooperate and coordinate activities with all other persons that have a duty in relation to that piece of plant, such as the designer, manufacturer, supplier, installer, repairer etc. If you contract out your delivery or distribution side of your business then you may have a duty to coordinate information and activities with the drivers who will deliver your product.
Note:
the duty is limited by what is reasonably practicable
it is considered a necessary part of complying with your primary duty
The duty requires PCBUs to work together in a proactive and reciprocal way, so that all risks associated with the activity that they are involved in are eliminated or minimised so far as is reasonably practicable.
WHO ARE THESE OTHER DUTY HOLDERS?
Same workplace – e.g. construction site, shopping centre,
Same matter- e.g. design, installation, use of plant, labour hire

19. Major difference is the extent of the scope of the obligation:
What are the major differences in the WHS Act?
Major difference is the extent of the scope of the obligation:
NOW have to consult with all workers directly affected not just employees
NOW have to consult with other duty holders who share responsibilities .
Trainers Notes: Consultation
 Explain
How is the new Act different?
The new Act has almost identical provisions related to the nature of the consultation required in relation to WHS issues and WHEN a PCBU must consult.
What is quite dramatically different is the scope of the obligation to consult.
The WHS act also requires PCBUs to consult with any worker who may be directly affected by the business or undertaking.
The WHS Act requires anyone with a duty under the Act to consult, cooperate and coordinate activities with other duty holders with whom they share duties.
Some of these requirements do exist in the current legislation in terms of the obligation on designers, manufacturers and suppliers to provide information about hazards to employers but the new Act makes this obligation reciprocal and extends it to include actually working together to manage your shared responsibilities.
There are significant changes in relation to Health and Safety Representatives – covered in a separate module
The nature of consultation required & when you are expected to consult are basically the same as existing provisions

20. What do you need to do? Consulting WORKERS
If you have consultative arrangements like an OHS committee or OHS Reps then you need to see how this can be extended to cover all workgroups
If you don’t have existing arrangements then you need to identify your workgroups and talk to them about when and how you may consult them
Trainers Notes
 Explain
The likely impact of these changes on your business to some extent will depend on the size and nature of your business and the extent to which you already have arrangements in place to consult with your employees.
If you do have consultative arrangements in place that work – like an OHS Committee or OHS Reps, then you need simply to review theses arrangements in consultation with your employees and the other workers who may be affected and see if they can be extended or modified to cover all workgroups
If you don’t have existing consultative arrangements in place then you need to identify your workgroups and start to talk with them to devise the best way to consult with them.

21. What is different in WHS Act about HSRs
New Act prescribes HSR powers to issue PINs and direct unsafe work be ceased not currently found in NSW legislation
Trainers Notes: HSRs 
Explain
How is the new WHS Act different?
The new Act has similar provisions for elected HSRs and the determination of work groups. Some of the similarities are found in the current NSW OHS regulations.
The major difference are the powers of HSRs to issue PINs but these powers are subject to certain limitations and the PCBU can seek a review of any PIN. The review is done by a WorkCover inspector.
The new Act allows a HSR to direct that unsafe work cease. This power is also subject to limitations.
The conditions of the exercise of these powers are detailed in later slides and require the HSR to be trained and to have consulted before using these powers. In general any powers and functions can only be exercised in the HSR’s work group.
The arrangements for HSR initial training is different to current NSW requirements in that the PCBU obligation is dependent on being requested to provide training and not a mandatory requirement simply on election of an HSR. Another difference is that the training is 5 days not 4 days and there is a provision for a 1 day refresher training after a HSR has served for a year. This refresher training would also be available in each following year. The PCBU is required to pay the relevant training costs. If there is disagreement about the choice of training course then an inspector can be asked to resolve the matter.
If workers carry out work for 2 or more persons there is provision in the WHS Act for HSR’s across multiple workplaces. The provision for work groups and HSRs to cover multiple workplaces is new and is only likely to be relevant to particular work situations. The Act sets out the way in which such arrangements can be negotiated.
HSR training has to be requested rather than being an automatic entitlement

22. Overview of WHS Act
The Act sets out the process for electing HSRs, and their functions, powers and entitlements
Determination of work groups provides the basis for electing HSRs
HSRs are elected for 3 years to represent their work group on WHS issues
HSRs can inspect, investigate and represent workers
HSRs can issue Provisional Improvement Notices (PIN) and direct that unsafe work cease
Trainers Notes: HSRs
Explain
What the WHS Act says about HSRs
The election of HSRs is dependent on there being a request to do so. A workplace without HSRs will still need to meet its obligation to consult with workers. 
The establishment of work groups follows a request for the election of an HSR. The work groups are decided by negotiation between the PCBU and the workers forming the work group.
The negotiations are about:
The number and composition of work groups
The number of HSRs and deputy HSRs to be elected
The workplaces to which the work groups will apply
Once the arrangements are agreed the PCBU must advise workers of the arrangements.
If agreement cannot be achieved an inspector may be called in to arbitrate.
The election for HSRs can be undertaken by a union or other person or organisation and comply with procedures set out in the regulation. This includes advising the PCBU of the date of the election and the results of the election. The person conducting the election must display the notice of election, invite nomination of candidates and state the dates and times of the election.
A worker is eligible for election only if he or she is a member of that work group and is able to be elected only by members of the work group.

23. Overview of WHS Act
The Act allows work groups to cover multiple businesses to be established
HSRs is not personally liable for things done in good faith
Deputy HSRs can deputise for the HSR if unable to exercise function or ceases to hold office
HSRs powers and functions limited to work group except where issues overlap
Disqualification of an HSR can be sought on grounds such as using powers for improper purposes
Trainers Notes: HSRs
Explain
What the WHS Act says about HSRs
The Act also provides for establishing work groups that span the businesses or undertakings of two or more persons. Examples would be where there are many employers on one site such as a construction site or where there a multiple small sites such as in the clothing and textile industry.
All the parties need to be involved in negotiations and if agreement cannot be reached an inspector may be called in. A party can withdraw by advising others in writing.
Health and Safety Representatives are entitled to:
represent work group members in relation to health and safety matters at work
investigate complaints from work group members relating to work health and safety matters, and
inquire into anything that appears to be a risk to the health or safety of work group members, arising from the conduct of the business or undertaking.
inspect the workplace or any part of the workplace at which work group members work after giving the person conducting the business or undertaking reasonable notice, or immediately—if there has been an incident or any situation involving a serious risk to the health or safety of any person at the place.
A HSR can be disqualified for:
performing a function or exercising a power under the Act for an improper purpose, or
using or disclosing any information acquired as an HSR for a purpose unconnected with their role as a HSR.
The regulator or any person who has been adversely affected by these actions may apply to the relevant court to have the HSR disqualified from office.

24. What WHS Act says PCBUs must do:
Respond to a request to establish a work group and negotiate an agreed arrangement
Facilitate the election of HSRs
Consult with HSR on WHS affecting the work group
Allow access to WHS information relevant to work group
Allow HSR to be present at interviews on WHS matters (with consent of worker)
Provide resources and allow time to enable HSR to exercise functions
Trainers Notes: HSRs
Explain:
What the WHS Act says PCBUs must do
A person conducting a business or undertaking must allow Health and Safety Representatives to exercise their powers and functions under the WHS Act and provide any resources, facilities and assistance that are reasonably necessary or prescribed by the model WHS Regulations to enable the representative to do so.
A person conducting a business or undertaking must also:
consult, so far as is reasonably practicable, on work health or safety matters with Health and Safety Representatives for the business or undertaking
confer with Health and Safety Representatives for the business or undertaking, whenever reasonably requested, for the purpose of ensuring the work health and safety of the representative’s work group members
provide Health and Safety Representatives for the business or undertaking with access to any available information the person has relating to work risks that affect work group members, and
provide any other assistance that may be required by the model WHS Regulations.

25. What WHS Act says PCBUs must do:
Allow HSR to accompany inspector within work group
Allow a person assisting the HSR access to the workplace
If requested allow HSR to attend WHS training (initial course of 5 days and 1 day refresher annually there after)
Keep and display an up to date list of HSRs
PCBU must not allow HSR access to personal or medical information unless with consent of worker
Trainers Notes: HSRs
 Explain
What the WHS Act says PCBUs must do
After requesting the PCBU Health and Safety Representatives are entitled to attend a course of approved training of their choice, consistent with the model WHS Regulations. Payment for the training period must be made at the rate that the Health and Safety Representative would receive for performing his or her normal duties during that period.
After asking for training, the person conducting the business or undertaking must, within three months of the request being made, allow the Health and Safety Representative time off work to attend the course of training and pay the course fees and any other reasonable costs associated with course attendance.
If the parties cannot agree on the course (e.g. location), timing or reimbursement for reasonable costs within the required timeframe, then the matter may be referred to an inspector for determination. The person conducting the business or undertaking must comply with any determination of the inspector.

26. HSR Powers: Direct to cease unsafe work
Then only if
the representative has a reasonable concern that to carry out the work would expose the worker to a serious risk to the worker's health or safety, emanating from an immediate or imminent exposure to a hazard
Can only act if
Completed initial training
Consulted with PCBU and followed any issue resolution process
With the exception
That the risk is so serious and immediate or imminent that it is not reasonable to consult before giving the direction
Trainers Notes: HSRs
Explain
 HSR power to direct cease unsafe work
 Health and Safety Representatives that have received the required training by the WHS Act may direct a work group member to cease unsafe work if they have a reasonable concern that to carry out the work would expose the worker to a serious risk, emanating from an immediate or imminent exposure to a hazard. The power is generally confined to the work group they represent.
 Before giving the direction, the Health and Safety Representative must consult with the person conducting the business or undertaking and attempt to resolve the issue using the issue resolution procedure under the WHS Act. This is not required, however, if the risk is so serious and immediate or imminent that would not be reasonable to consult before giving the direction.
 A worker who ceases unsafe work under the WHS Act must, as soon as possible, notify the person for whom they are carrying work they have ceased unsafe work.
 The worker must also remain available to carry out suitable alternative work. To ensure payment during the stoppage, the worker must also carry out any suitable alternative work they are required to carry out at the same or another workplace if that work is safe and appropriate for the worker to carry out until normal duties can be resumed safely.
 Activity
 You are advised by one of your managers that a work team operating at a remote site have ceased work because of the collapse of earthworks on part of the site.
 Discuss
What process should have been followed here?
Did the HSR consult with the on site manager?
Was the risk so immediate there was no time for consultation?
Could the work group be allocated other tasks until the risk is controlled?

27. HSR Powers: Issue PIN Then only if
the representative reasonably believes that a person is contravening a provision of the Act, has contravened a provision of the Act in circumstances that make it likely that the contravention will continue or be repeated
Can only act if
Completed initial training
Consulted with the person to whom the notice is issued
And
Must be in writing and may recommend measures to remedy issue
PCBU can seek review within 7 days. Inspector may cancel, confirm or confirm with modification.
Trainers Notes: HSRs
 Explain
 HSR power to issue PIN
 PINS can only be issued on issues that affect the work group.
 HSRs must consult with the alleged contravenor or likely contravenor before issuing a provisional improvement notice.
 A HSR can only exercise the powers under this provision if the HSR has:
 completed initial HSR training as set out under the regulations, whether for the HSR’s current work group or another workgroup (including a work group of another PCBU), or
undertaken equivalent training in another jurisdiction.
 A provisional improvement notice must specify a date for compliance, which must be at least eight days after the notice is issued.
 A person who is issued with a notice must display it in a prominent place at or near the workplace where work affected by the notice is carried out.
It is an offence for a person to not comply with a provisional improvement notice, unless an inspector has been called in to review the notice. If an inspector reviews the notice, it may be confirmed with or without modifications or cancelled. If it is confirmed it is taken to be an improvement notice and may be enforced as such.
 Activity
 A worker requests the HSR to follow up his concern about a malfunctioning guard on a power press. The HSR is advised that the matter has been with the maintenance manager for over two weeks but no change has been made.
 Does the HSR have grounds to issue a PIN?
What must he or she do before a PIN is issued?
If a PIN is issued and you, the employer, disagree, what can you do?