Health and Safety

Representative Handbook
A GUIDE FOR HSRs IN THE COMMONWEALTH JURISDICTION

Disclaimer
This publication is intended to provide only a
summary and general overview of matters of
interest. It is not intended to be comprehensive
and is not a substitute for independent
professional advice. Please contact an
appropriate qualified professional person before
relying on the contents of this publication.
Comcare (and the Safety, Rehabilitation
and Compensation Commission) its officers,
servants and agents expressly disclaim liability
and responsibility in respect to, and accept no
responsibility for, the consequences of anything
done or omitted to be done to any person in
reliance, whether wholly or partly, upon this
publication, including but not limited to the
results of any action taken on the basis of the
information in this publication and the accuracy,
reliability, currency or completeness of any
material contained in this publication.
Commonwealth of Australia 2008
This work is copyright. Apart from any use as
permitted under the Copyright Act 1968, no part
may be reproduced by any process without prior
permission from Comcare.
ISBN - 1 921160 14 4
First Published 1992
Second edition May 1993
Third edition October 1997
Fourth edition September 2002
Fifth edition September 2003
Sixth edition March 2004
Seventh edition July 2005
Eighth edition March 2007
Ninth edition September 2007
This edition February 2009
Comcare
GPO Box 9905
Canberra ACT 2601
Phone 1300 366 979
www.comcare.gov.au

Message from the Chief Executive Officer of Comcare

Welcome to your new role as a health and safety representative or deputy health and safety
representative.
You have a very important role in the partnership between your employer and their employees on
occupational health and safety issues in the workplace. Your role and powers ensure the employees
you represent can participate effectively in decisions about their health and safety at work.
Since the Commonwealth Occupational Health and Safety Act 1991 (the Act) came into effect,
health and safety representatives have demonstrated an active interest and commitment to the
health and well-being of their fellow workers.
Comcare has developed this handbook to provide guidance to health and safety representatives,
and an understanding of the roles and responsibilities of other parties involved in preventing injuries
and ill health in the workplace.
Congratulations on your selection and I wish you well in your role as a health and safety
representative or deputy health and safety representative.

Chief Executive Officer

Comcare

Health and Safety Representative Handbook

Contents
Introduction.................................................................................................................................... 6
Purpose of this handbook:............................................................................................................ 6
What is contained in this handbook............................................................................................. 6
The Act, associated regulations and codes of practice ................................................ 7
Objectives of the Act (section 3).................................................................................................. 7
Key parts of the Act...................................................................................................................... 7
Regulations (sections 23 & 82 of the Act)..................................................................................... 8
Codes of practice (section 70)...................................................................................................... 9
Responsibilities under the legislation..................................................................................... 9
Employers - general responsibilities (sections 16, 17, 68 & regulations)................................... 10
Employers responsibilities regarding HSRs (sections 27, 29 & 30) ......................................... 11
Employees (section 21)............................................................................................................... 11
Manufacturers, suppliers and installers (sections 18, 19 & 20)................................................... 11
Contractors (sections 14 & 20).................................................................................................... 12
The SRC Commission (section 12).............................................................................................. 12
Comcare (section 12A)................................................................................................................ 13
HSRs and workplace OHS consultative arrangements................................................... 13
Health and safety management arrangements ......................................................................... 14
Designated work groups............................................................................................................. 15
Health and safety committees.................................................................................................... 16
HSRs and their links with committees......................................................................................... 17
Resources for health and safety representatives(section 30)..................................... 17
Powers of health and safety representatives................................................................... 18
Consultation and record keeping............................................................................................... 18
Powers of HSRs (sections 28, 29, 32, 37, 48 & 77)..................................................................... 18
Issuing provisional improvement notices (section 29)................................................................ 20
Suspected breach of the Act or regulations.................................................................... 21
Example of a Completed PIN...................................................................................................... 22

Health and Safety Representative Handbook

Provisional improvement notice (PIN) disputed or not complied with . .................. 23

Workplace inspections, hazard identification and risk management......................................... 26
Emergency procedures and HSRs............................................................................................... 29
Selection and training of HSRs and deputy HSRs.............................................................. 29
Selection (section 25 & regulations)........................................................................................... 29
Information on HSRs (section 25)................................................................................................ 30
Term of office (sections 26, 31 & 32).......................................................................................... 30
Casual vacancies (section 26)...................................................................................................... 30
Accredited training for HSRs (sections 12 & 27)......................................................................... 31
Powers of the administrator of the Act............................................................................. 31
Investigators and HSRs (sections 28, 41, 42, 43, 44 & 45).......................................................... 31
Enforcement options.................................................................................................................. 32
Appeals and investigation reports......................................................................................... 35
Appendix 1 Assessing and controlling risks.................................................................... 36
Appendix 2 Where to obtain more information.............................................................. 39
Provisional improvement notice............................................................................................ 40
Notes associated with provisional improvement notice............................................................. 41
Your OHS contact details.......................................................................................................... 42

Health and Safety Representative Handbook

Introduction
You are probably wondering what you will do as a health and safety representative (HSR). If you ask
others in your workplace to describe your role, you will get a variety of answers. If you are already
a trained HSR you will have a clearer idea. But if you are currently attending your training course or
are yet to attend, your role may be a little unclear to you. You are not expected to be the person
responsible for health and safety in your workplace. Nor are you expected to be an expert on
occupational health and safety (OHS) issues.
It may be useful to meet occasionally with other HSRs to share your experiences. It will help you to
develop your negotiating skills and enhance communication with supervisors and managers. Your
organisations OHS staff may be able to help you contact other HSRs. By talking with other HSRs
you may find there are a number of common OHS issues. A group approach to solutions may be
more effective.

Purpose of this handbook:

Comcare developed this Handbook for you as:

a guide on how to exercise your powers under the Occupational Health and Safety Act 1991
(the Act) and

a resource for you when you are selected or when you attend your accredited HSR
introductory training course.

This handbook is not a substitute for the legislation

What is contained in this handbook

This Handbook describes:

your role, functions and powers as a HSR

consultative arrangements under the legislation

your responsibilities and those of other involved parties

hazard identification, assessment and control

procedures for resolving health and safety issues

key sections of the legislation and

where to get more information.

We have given you references to key sections of the legislation throughout the handbook. The
format for a provisional improvement notice (PIN) and an example of a completed PIN are also
included. There are flowcharts to provide assistance in resolving health and safety issues.
There is space for you to write down your own OHS contacts inside the back cover of
this Handbook.

Health and Safety Representative Handbook

The Act, associated regulations and codes of practice

The OHS legislation for those organisations in the Commonwealth jurisdiction includes the Act,
associated regulations and codes of practice. The legislation covers Commonwealth departments
and agencies, Commonwealth authorities and private sector organisations licensed to self insure
under the Safety, Rehabilitation and Compensation Act 1988 (non-Commonwealth licensees).
In general, State/Territory OHS related laws do not apply to employers and employees covered by
the Commonwealth OHS legislation.
The Act may be amended as requirements change. You should check with your employer to find out
what system is available in your workplace to keep you up to date on the legislation.

Objectives of the Act (section 3)

The objectives of the Act are to:

secure the health, safety and welfare at work of employees of the Commonwealth,
Commonwealth authorities and of non-Commonwealth licensees

protect people at or near workplaces from risks to their health and safety arising out of the
activities of employees at work

ensure expert advice is available on OHS matters affecting employers, employees

and contractors

promote an occupational environment for employees that is adapted to their health and
safety needs

foster a cooperative, consultative relationship between employers and employees on

occupational health, safety and welfare of employees at work

encourage and assist employers, employees and other persons on whom obligations are
imposed under the Act to observe those obligations and

provide for effective remedies if obligations are not met, through the use of civil remedies
and, in serious cases, criminal sanctions.

Key parts of the Act

There are a few areas of the Act that are very relevant to you as a HSR. Part 2 of the Act sets out
the duties of various parties. Part 3 of the Act outlines workplace consultation arrangements. This
includes:

Designated work groups (DWGs)

Health and safety representatives (HSRs) and

Health and safety committees (HSCs).

Also of relevance and referred to in this guide are sections 47, 48, 68 and 77.

Health and Safety Representative Handbook

Regulations (sections 23 & 82 of the Act)

Regulations give extra mandatory provisions to help the operation of the legislation and, together
with the Act and codes of practice, form the legislation. Failing to comply with relevant regulations
may be a breach of the general duty of care under the Act.
Two sets of regulations (the regulations) have been made under the Act. The Occupational Health
and Safety (Safety Arrangements) Regulations 1991 cover:

elections by returning officers

advice, investigations and inquiries including the format for a provisional improvement
notice (PIN)

reporting of incidents and dangerous occurrences and

other miscellaneous issues.

The Occupational Health and Safety (Safety Standards) Regulations 1994 cover:

Part 1 Hazard identification, risk assessment and risk control

Part 2 Licensing arrangements for high risk work

Part 3 Occupational noise

Part 4 Plant

Part 5 Manual handling

Part 6 Hazardous substances

Part 7 Confined spaces

Part 8 Storage and handling of dangerous goods

Part 9 Major hazard facilities

Part 10 Electricity

Part 11 Driver fatigue

Part 12 Construction work

Part 13 Falls from 2 metres or more and

Part 20 Definitions.

Health and Safety Representative Handbook

Codes of practice (section 70)

The Act and regulations are supported by the Occupational Health and Safety Code of Practice
2008. The Code is a source of practical guidance on safe work practices and risk management in
relation to specific hazards and/or hazardous activities.
A code of practice approved by the Minister under the legislation:

is a practical guide to people with a duty of care under the legislation

should be followed, unless there is another way of achieving the same or better standards of
health and safety and

is admissible in evidence in proceedings under the Act and regulations.

The Code of Practice was approved on the 12th of June 2008 and can be found on Comcares
website at www.comcare.gov.au

Responsibilities under the legislation

The Safety Rehabilitation and Compensation Commission (the SRC Commission) and Comcare
administer the legislation. It requires employers to establish workplace processes and a working
environment where employees may work in a safe manner and without risk to their health, safety
and welfare.
The following duty holders have responsibilities under the legislation. The primary responsibility for
a healthy and safe workplace lies with the employer, assisted by duty holders:

employers

employees

manufacturers

suppliers

installers

the SRC Commission and

Comcare.

Health and Safety Representative Handbook

Employers - general responsibilities (sections 16, 17, 68 & regulations)

Employers have a duty to take all reasonably practical steps to protect the health and safety at work
of their employees. This duty extends to contractors of the employer in relation to matters over
which the employer has control (or would have had control except for an agreement otherwise).
Specific duties include:

provide and maintain a working environment (including plant and systems of work) that is safe
for employees and without risk to their health

provide adequate facilities, including first aid services, for employees welfare at work;

provide safe access to and from the workplace

monitor employees health and safety at work and conditions of workplaces under
their control

maintain information and records regarding employees health and safety

ensure the health and safety of employees when using, handling, storing or transporting plant
and substances

develop health and safety management arrangements (HSMAs) in consultation with

employees

provide necessary information, instruction, training and supervision (in appropriate languages)
to allow employees to perform their work safely and

notify particular accidents and dangerous occurrences.

Employers also have a duty of care towards anyone at or near a workplace they control.

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Health and Safety Representative Handbook

Employers responsibilities regarding HSRs (sections 27, 29 & 30)

Employers must:

when a PIN is issued to them;

notify affected employees that the notice has been issued

ensure that a copy of the notice is displayed at the relevant workplace until the notice
ceases to have effect

ensure that the notice is complied with

inform the HSR who issued the notice, of the action taken to comply with the notice

on request, consult with the relevant HSR about the implementation of changes that may
affect the health and safety at work of their employees

permit the HSR in their designated work group (DWG) to:

take paid time off work to undertake an accredited HSR training course

undertake workplace inspections

accompany an investigator during an investigation at the workplace

be present at an interview about the safety of employees between an employee and the
employer or an investigator

take necessary paid time off work to exercise their powers as a HSR and

provide the HSR in their DWG with access to:

available information about risks to the health and safety of employees (other than
confidential information or if an employer claims legal professional privilege for that
information) and

facilities necessary to exercise their powers as a HSR.

Employees (section 21)

Employees have a duty to:

avoid placing themselves and others at risk

follow safety instructions when using any equipment and

co-operate with their employer to the extent necessary to enable the employer to fulfil their
obligations under the Act.

Manufacturers, suppliers and installers (sections 18, 19 & 20)

Manufacturers and suppliers of any plant or substance are responsible for providing services that are
safe and do not contribute to any risk to the health and safety of employees. They must also give
employers adequate information about the plant or substance.
Erectors and installers of plant in the workplace must ensure that it is installed in a manner that is
safe for employees.

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Contractors (sections 14 & 20)

A contractor is a natural person who is not an employee of the Commonwealth, but does work
under a contract of service for either the Commonwealth, a Commonwealth authority or a nonCommonwealth licensee but does work on Commonwealth, Commonwealth Authority or nonCommonwealth Licensee premises Commonwealth or non-Commonwealth licensee premises. The
work must be in connection with the contract between an organisation and the natural person (or
another person), which is in connection with an undertaking being carried on by that organisation.
Contractors covered by State/Territory OHS laws have a duty under these laws and common law.

The SRC Commission (section 12)

The SRC Commission:

ensures obligations imposed by the legislation are complied with

advises employers, employees or contractors on OHS matters

collects, interprets and reports information on OHS regarding the employment of employees

forms policies and strategies relating to the OHS of employees

advises the Minister

accredits HSR training courses and

liaises with other bodies concerned with OHS.

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Health and Safety Representative Handbook

Comcare (section 12A)

Comcare is the administrator of the Safety, Rehabilitation and Compensation Act 1988 (SRC Act)
and as the legislative administrator Comcare regulates, advises and reports activities.
Comcares regulatory activities under the legislation include:

developing, adopting and implementing national standards as Commonwealth regulations and

approved codes of practice

managing the notification and reporting of regulations

managing the investigation program and investigation of serious incidents

managing appeals against notices through the Australian Industrial Relations Commission;

managing prosecutions under the legislation and

conducting public inquiries as necessary.

Comcares advisory and reporting activities under the legislation include:

conducting information sessions for employers, employees and unions on requirements of

the legislation

disseminating essential OHS information relevant to the Commonwealth jurisdiction and

providing guidance approved by the SRC Commission

collecting and interpreting OHS data and

providing advice to the SRC Commission and organisations in the Commonwealth jurisdiction.

HSRs and workplace OHS consultative arrangements

The following is a brief overview more detailed information is contained in Workplace
Consultative Arrangements a guide to Commonwealth legislative provisions (OHS67).

Resolving health and safety issues

One of the objectives of the legislation is to foster a cooperative, consultative relationship between
employers and employees on the health, safety and welfare of employees at work.
The legislation emphasises consultation and cooperation between employers and employees
over OHS issues by requiring establishment of HSMAs, and in certain circumstances DWGs, HSRs
and HSCs (including their respective functions and powers).
An outline is provided below on the workplace OHS consultative arrangements HSRs may be
involved in.

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13

Health and safety management arrangements

The legislation requires your employer to develop written HSMAs in consultation with employees.
More information is available in the Guide to Developing HSMAs.
HSMAs must:

enable effective co-operation between an employer and its employees

promote and develop appropriate measures to ensure the health, safety and welfare of
employees at work

provide for how health and safety committees are constituted and operate

provide adequate mechanisms for:

informing employees about the arrangements

reviewing the arrangements

varying the arrangements and

dealing with disputes that may arise in the course of consultation.

Employers that are required to establish a health and safety committee under section 34 of the Act
are also obliged to provide in their HSMAs details on how the health and safety committee is to be
constituted and operated.
In addition to the above requirements, HSMAs may provide for:

an OHS policy

arrangements relating to risk management

making of agreements between the employer, employees and employee representatives and

training in relation to OHS.

The agreement between employer, employees and employee representatives may provide for
continuing consultation between the employer, employees and employee representative on OHS
and other matters as agreed by the affected parties.

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Health and Safety Representative Handbook

Role of employee representatives

An employee representative means, in relation to an employee, a registered organisation or an
association of which:

the employee is a member or

another employee in the DWG to which the employee belongs, is a member.

The employees who are members of the employee representative organisation or association
must be qualified to be members of that organisation or association, by virtue of the work those
employees do.
When developing or varying HSMAs, employees may be represented in consultations by another
employee, or an employee representative. If an employee wishes to be represented by an employee
representative and wants such representation to remain anonymous, the employee representative
can make an application to the CEO of Comcare using the prescribed form. Comcare can issue a
certificate enabling the employee representative to represent the employee in the consultations
proposed. Once the certificate has been issued, the employee representative cannot reveal the
identity of the employee who they are representing.

Designated work groups

The Act describes setting up designated work groups (DWGs) where they are requested by
employees and the selection of HSRs to liaise with employers. Forming DWGs in a workplace,
and electing or selecting one HSR in each DWG, is a key strategy of the legislation to foster and
maintain a consultative relationship between employers and employees on all OHS issues. More
information is contained in Workplace Consultative Arrangements A guide to Commonwealth
legislative provisions (OHS67).

What is a DWG? (section 24)

A DWG is a group of employees in a workplace (or part of a workplace) established so that each
employee within the group can be represented by a HSR.
The HSR for a DWG should be accessible to each employee within the group. When physical
distance is involved, employees should be able to contact their HSR by telephone and, where
possible, by email and fax.

Health and Safety Representative Handbook

15

Structure of DWGs (section 24)

Whether there is one or more DWG in a workplace will depend on a number of factors. The
following factors must be considered in developing or varying DWGs:

number of employees;

nature of each type of work performed by the employees

number and grouping of employees who do similar sorts of work

workplaces (and areas within workplaces) where each type of work is performed

nature of any risks to health and safety in the workplace and

overtime and shift arrangements.

If the DWG structure is not perceived to be effective, the employer, an employee or an employee
representative (if requested to by the employee) can enter into consultations to have it varied. If
the employer believes it should be varied, they can at any time consult with the relevant HSR and
employee representative (if requested by an employee).
Employers are required to prepare and keep up to date a written list of all the DWGs comprising
their employees including the categories of employees in each DWG. The list must be made
available to Comcare investigators and employees at all reasonable times.

Health and safety committees

Activities of a workplace HSC (section 35)
The legislation broadly defines the functions of workplace health and safety committees (HSC).
These functions are intended to promote an environment in which the employer and employees
work cooperatively to ensure the health and safety of employees at work.
Specific functions of the committee are to:

help the employer to develop, implement, review and update prevention activities

improve cooperation between the employer and employees on OHS matters and

help the employer to distribute OHS information (in appropriate languages).

The legislation also allows HSCs to carry out a variety of other functions agreed between the
employer and the committee.

Committee members
Members to represent employee interests on the HSC are chosen by employees. The number of
members of a health and safety committee representing the employer must not exceed the number
of members selected by the employees to represent the employees interests.
Employer representatives ideally include senior or line managers who have the authority to make
decisions about improvements to health and safety and have a good knowledge of the organisation.

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Health and Safety Representative Handbook

Frequency of meetings
The frequency of meetings can be specified in your organisations HSMAs. Factors which may affect
how frequently a committee may meet are:

work levels for the committee

size of the workplace or area covered by the committee

the number of employees and DWGs covered by the committee

the type and complexity of the work carried out in the workplace and

the nature of hazards and risks in the workplace.

HSRs and their links with committees

The role of the HSR and the HSC differ but are meant to complement each other.
To distinguish between their roles, HSRs tend to concentrate their efforts on addressing specific
DWG issues, and the HSC tends to address broader organisational issues in accordance with its
terms of reference.
If a committee exists, a HSR can examine the records of the committee. Where HSRs are not
members of the committee, it is important they communicate with members of the HSC who
represent the employees, to ensure they know about the committees activities and issues being
addressed. A HSR is not required under the legislation to be an employee committee member. If
there is no committee, HSRs have the power to perform some of the duties of a committee for the
members of the respective DWG (see section on powers of HSRs).

Resources for health and safety representatives

(section 30)
HSRs need resources to exercise their powers and employers must provide adequate facilities to do
this. Resources could include:

filing and storage space to keep records, information and books

access to a telephone, photocopier, email facilities

a room or other facility to allow meetings with one or more members of the DWG and

time to undertake the role of a HSR.

You should discuss the provision of appropriate resources with your employer. The outcome of these
discussions could be included your organisations HSMAs.
To enable you to exercise the powers of a HSR, an employer must provide you with:

access to certain information on request and

time off work to undertake the function without loss of pay or entitlements.

Health and Safety Representative Handbook

17

Powers of health and safety representatives

The legislation describes the powers of a HSR to promote or ensure the health and safety at work of
employees in the DWG. HSRs use these powers to resolve health and safety issues.

Consultation and record keeping

You are entitled to start procedures to protect the health and safety of members in your DWG. If
you identify a health and safety issue and you believe there is a breach of the legislation, you must
consult with the relevant supervisor. The legislative process emphasises the resolution of issues
through consultation between management and employee representatives. Keep a record of any
consultation in the form of diary notes, email records or hand written notes.

Powers of HSRs (sections 28, 29, 32, 37, 48 & 77)

HSRs have broad powers under the legislation to promote the health and safety at work of
employees in the DWG. HSRs can:

inspect the workplace of members of the DWG if

there has been a recent accident or dangerous occurrence, or

where there is an immediate threat of an accident or dangerous occurrence, or

after giving the employer reasonable notice of the inspection.

make a request to an investigator, to Comcare or the SRC Commission that an investigation be

conducted at the workplace (by contacting Comcare)

accompany an investigator during an investigation at the workplace

represent the members of the DWG in health and safety consultations with the employer if
there is no HSC

examine the records of the HSC

investigate employee health and safety complaints

with the consent of the employee, attend any interview concerning health and safety at work
between the employee and an investigator or the employer

be assisted by a consultant at a workplace or provide a consultant with information, provided

the employer or Comcare has agreed in writing to the provision of assistance or information. It
should be noted that an employer is not liable for expenses or remuneration incurred during a
consultants activities

when being assisted by a consultant, request consent from an employee that the consultant
be present at an interview with the HSR, between the employee and an investigator or the
employer (or a person representing the employer)

access employers information relating to any health and safety risk to any employee at any
workplace under the employers control. It should be noted that an employer can claim legal
professional privilege on health and safety information they have. A HSR cannot gain access to
confidential information or information protected by legal professional privilege

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Health and Safety Representative Handbook

issue a provisional improvement notice (PIN)

request Comcare or an investigator to investigate a matter that is the subject of a PIN if the
notice has not been complied with within the specified period and an investigation has not
been requested by the employer

initiate emergency stop-work procedures where there is an immediate threat to the health and
safety of employees and the supervisor is unavailable

request Comcare to conduct an investigation if the HSR cannot agree with the supervisor on
an appropriate course of action to remove a threat to the health and safety of employees
performing work

appeal to the Australian Industrial Relations Commission (AIRC) against an investigators

decision to vary or cancel the PIN and

ask Comcare to institute proceedings for offences against the legislation where proceedings
have not been commenced within six months of the alleged breach of the legislation.

Note the legislation does not impose any obligations on you to exercise any of these powers. HSRs
are not liable under civil proceedings for exercising or not exercising any of the powers outlined in
the legislation. If your employer is reluctant to provide you with information relating to any health
and safety risk to an employee, you can contact Comcare for advice.
These powers should be used carefully and only in relation to OHS matters. HSRs can be disqualified
if they take action as a HSR with the intention of causing harm to the employer, they act
unreasonably, or they intentionally use or disclose information gained from their employer in a form
not considered connected with the exercise of their powers as a HSR.

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19

Issuing provisional improvement notices (section 29)

Issuing a PIN (section 29)
Where you believe a person:

is breaching the Act or Regulations, or

has breached the Act or Regulations and is likely to do so again,

you must consult with the relevant supervisor in an attempt to reach agreement on fixing the breach
or preventing the likely breach.
If agreement on the resolution of a breach of the legislation in your DWG cannot be reached within
a reasonable time, you may issue a PIN to the person responsible for the work or work area. This
person is referred to as the responsible person.
The PIN must specify:

which part of the legislation is, in your opinion, being breached

the reason why you believe there is a breach and

the period (not less than seven (7) days after the day of issue of the PIN) in which the
responsible person is to take action necessary to prevent any further breaches or a likely
breach.

The PIN may also specify action the responsible person is to take. The period may be extended by
the HSR in writing before the original expiry date.

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Health and Safety Representative Handbook

Figure 1: Suspected breach of the Act or regulations

Health and safety representative
is advised of or identifies a breach of the
Act or regulations

Health and safety representative

consults with supervisor

AGREE

DISAGREE

Health and safety representative and

supervisor agree on action to be taken

Health and safety representative and

supervisor disagree on action to be taken

Health and safety representative issues

provisional improvement notice (PIN)
to responsible person

Issue resolved

Employer advises employees of PIN

and displays the PIN

COMPLIES

NO ACTION TAKEN

Responsible person
complies with PIN

Issue resolved

Health and Safety Representative Handbook

Responsible person takes

no action. HSR makes a
request to Comcare or an
investigator to conduct an
investigation

DISPUTED

PIN disputed by the

responsible person who
was provided with a copy
by the health and safety
representative

See Figure 2

21

Example of a Completed PIN

Provisional improvement notice

Form 1 Regulation 30
Occupational Health and Safety (Safety Arrangements) Regulations 1991
To

Bruce Brewer

(the responsible person within the meaning of subsection 29(2) of the act)

I,

Jane Smith

(name of the health and safety representative issuing the notice)

appointed as the health and safety representative under section 25 of the Occupational Health and Safety Act 1991 for

Field Services

(description of the designated work group)

after consultation in accordance with subsection 29(1) of the Act, believe that the following provision, or provisions, of the Act or
Regulations is, or are, being breached or is, or are, likely to continue to be breached:

OHS Act 1991 section 16 (2) (a) and OHS (Safety Standards) Regulations 1994, Regs 5.03 and 5.04.

The breach is (a brief description)

The work system in relation to the manual handling of containers constitutes a risk to health and safety.
No risk assesssment has been conducted in relation to manual handling tasks, nor have control measures
been put in place.

The breach is occurring at

5 Main Street, Alice Springs NT

(address of workplace)

The reasons for my opinion are as follows:

The handling of heavy and awkward cases containing equipment for field work is causing back strains.
Despite formal requests, interim safety measures are inadequate and there has not been a risk
assessment, followed by permanent control measures.

(include brief description of breach)

In accordance with paragraph 29(4) (b) of the Act, action necessary to prevent the breach, or the likely breach, of the provision or

25

provisions referred to above must be taken before the date

06

2007

(the date of a day that is:

(a) not less than 7 days after the day when the notice is issued; and
(b) reasonable in the opinion of the health and safety representative).
In accordance with paragraph 29(5) of the Act, the following action should be taken

Meet the requirements of the Manual Handling Regulations, referring also to the Code of Practice on
Manual Handling as necessary.
Jane Smith

2007

(health and safety representative)

This notice ceased to have effect on

22

17 / 06
/

Health and Safety Representative Handbook

Figure 2: Provisional improvement notice (PIN) disputed or

not complied with
PIN disputed (within 7 days of issue) by the
responsible person or by any person who was
provided with a copy by the health
and safety representative

Responsible person doesnt comply

within specified time period and a HSR
requests Comcare or an investigator
to conduct an investigation

Comcare requested to conduct

an investigation.

Investigator to conduct an investigation

(PIN automatically suspended)

CANCELLED

VARIED

CONFIRMED

PIN cancelled by an
investigator

PIN varied by an
investigator and an
improvement notice
is taken to have been
issued

PIN confirmed by an
investigator and an
improvement notice
is taken to have been
issued

Appeal against investigators decision

Issue resolved

See Figure 4

Health and Safety Representative Handbook

23

As the HSR, you must give:

the original copy of the PIN to the responsible person

a copy of the PIN to the employer of the employees affected by the PIN and

a copy of the PIN to the owner where the PIN relates to a workplace, plant, substance or thing
owned by the employer. Keep a copy of each PIN you issue.

Figure 1 shows the process where a HSR suspects a breach of the Act or regulations.
The responsible person in your organisation will often be a supervisor or a higher level of
management.
Find out from senior management the:

name

position

location

of the responsible person to whom you issue a PIN. You may choose to write this information at the
back of this handbook. If you do not know this information, you can issue the PIN to the person who
you believe has the authority to fix the problem.
The responsible person may also be an employee who has responsibility for a work process,
operation of a piece of plant etc, or the owner of a workplace, plant, substance or thing that is not
your employer.
The responsible person must:

comply with or dispute the PIN

inform the HSR who wrote the PIN of the action taken to comply with the PIN and

as a supervisor acting on behalf of your employer, notify the affected employees of the PIN
and display the PIN until it ceases to have effect.

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Health and Safety Representative Handbook

PINS Disputed or not complied with (section 29 & 47)

If the responsible person wishes to dispute the PIN they can request Comcare or an investigator to
conduct an investigation within seven (7) days after the PIN is issued. An investigation is arranged by
contacting Comcare. The responsible person cannot ignore the PIN.
If the responsible person doesnt take action within the period specified within the notice, and
they havent made a request to Comcare that an investigation be conducted, the HSR may request
Comcare or an investigator to conduct an investigation.
Figure 2 provides more information on the process when the PIN is not complied with.
An investigation must be conducted as soon as possible after a request is made. The investigator
conducting the investigation (either at the request of the responsible person or the HSR) must:

either confirm, vary, or cancel the PIN

notify the responsible person and

notify any other person who has been given a copy of the PIN by the HSR.

The investigator can make decisions and exercise such powers as he/she considers necessary.
Although it is suspended after the request for an investigation is made and during the investigation,
the PIN remains on display until it is cancelled, varied or the problem described in the PIN is fixed.

When does a PIN cease (section 29)

The PIN ceases to have effect if:

the responsible person takes the action required by the PIN

the responsible person takes action to prevent further breach of the subject of the PIN, even
though a HSR did not request any specific action

you cancel the PIN or

an investigator cancels the PIN.

If an investigator varies or confirms a PIN, it is taken to be an improvement notice issued by

the investigator.
For further information see Figure 2 (provisional improvement notice (PIN) disputed or not
complied with).

Health and Safety Representative Handbook

25

Workplace inspections, hazard identification and risk management

Risk management is the employers responsibility. HSRs may be involved in the hazard identification
process and should have a general understanding of the risk management steps.
It includes applying management policies, procedures and practices to identify, assess, control and
monitor risks.
Employers are responsible for:

identifying and assessing all reasonably foreseeable workplace hazards which may affect the
health or safety of employees or others at work

eliminating or minimising the risk of exposure to these hazards and

identifying and assessing risks to health or safety before the introduction of:

any plant or substance

a work practice or procedure and

change to a workplace, work practice, activity, or process.

More information on assessing and controlling risks is included at Appendix 1.

How the HSR can be involved (sections 28 & 30)

As a HSR, you may help manage risks for the members of your DWG by doing inspections to help
identify and record workplace hazards.
Upon being requested to do so by a HSR, the employer must consult with the HSR on changes to
the workplace which may affect the health and safety of members of the DWG.

Identification of hazards
Before workplace hazards can be controlled you must identify them. The employer has the major
responsibility for identifying hazards.
Hazards like slippery walking surfaces, poor lighting and obstructed passages may be obvious.
Other hazards like poor indoor air quality may not be quite so easy to identify.

Workplace inspection by HSR (section 28)

The legislation allows HSRs to undertake workplace inspections. These inspections may fall into the
following three basic types:

accident inspection

special inspection

regular inspection.

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Health and Safety Representative Handbook

Accident inspection
Carry out an accident inspection when an accident or dangerous occurrence or the threat of one
occurs. You should be advised of the event so you can undertake an immediate inspection. This
inspection can be done jointly with the supervisor or another management representative. This does
not mean the two parties must necessarily agree on the findings.

Special inspection
A special inspection is carried out in response to changes to the workplace such as the introduction
of new technology. You must give reasonable notice to the employer before a special inspection.

Regular inspection
Regular inspections are part of a regular program or audit of the workplace and can be done jointly
with the supervisor or another management representative, provided reasonable notice has been
given to the employer.
Regular inspections are done with a frequency related to the size of the workplace, the number of
employees involved, and any other relevant factors.
It may be useful to obtain a floor plan of the workplace which shows information on the location of
equipment, emergency exits, fire fighting and first aid equipment, and other relevant features.
Together with the plan of the work area, checklists form the basis for a comprehensive review of the
workplace practices on an ongoing basis.
Checklists can vary according to the type of work and workplace. The HSR can compile one, or
one may be available from the employer. Checklists can also be found in the code of practice and
Comcare OHS publications.

Accidents and dangerous occurrences (section 68 & regulations)

Your employer has an obligation under the regulations to notify and report certain accidents and
dangerous occurrences to Comcare, and to keep records of accidents and dangerous occurrences.
Information and statistics on accidents and dangerous occurrences can help you to assess the
effectiveness of health and safety procedures and may alert you to areas or activities which require
attention.
Employees should be encouraged to report all accidents, dangerous occurrences and near misses to
their supervisor and HSR, as they may alert you to hazards that can or should be addressed. This will
help to prevent similar occurrences in the future.

OHS survey
If you suspect there is a health and safety hazard in the workplace, you can get further information
by surveying employees. May confirm that a hazard exists and can also provide additional back-up
to support your claim to control the hazard.

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27

Investigation of DWG members complaints

Individual employees may raise problems with you over hazards in their workplace. You should fully
investigate these.

Substances used in the workplace (section 28 & regulations)

All substances (chemicals) used in the workplace are potentially hazardous. To determine whether
a chemical, or a process in which chemicals are used, is a hazard, identify the chemical and find as
much information about it as possible.
Information you collect might include health effects, correct handling procedures, storage and
transport. Manufacturers and suppliers of such chemicals provide this information. The information
may be in the form of a material safety data sheet (MSDS). You are entitled to have access to
this information.

Use of monitoring devices

Some hazards may be identified by the use of monitoring devices which measure the level of
concentration of the hazard, for example, noise, temperature, lighting, fumes, dusts and radiation.
You may be able to reach agreement that the employer:

does the testing, under your observation and

provides you with a copy of the results.

You may bring an investigator or consultant into the workplace if the employer or the SRC
Commission agrees to the services of a consultant to conduct such tests.

Consultants to the HSR (section 28)

As a HSR, you are entitled to assistance from a consultant where appropriate. Before you make
these arrangements you need to get written approval and funding for the services of the consultant
from your employer or the SRC Commission. Your HSMA may contain guidelines regarding the
provision of a consultants services. You should check your HSMA before obtaining these services.

DWG meetings
DWG meetings can provide important information about health and safety problems which may go
unnoticed in normal workplace inspections.

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Health and Safety Representative Handbook

Emergency procedures and HSRs

Emergency procedures (section 37)
If you reasonably believe there is an immediate threat to health and safety, inform a supervisor
immediately.
If that is not possible you must:

direct the employee/s to cease work in a safe manner and

notify the supervisor as soon as practicable.

Refer to your organisations HSMAs as provisions may have been included to clarify the role of HSRs
and emergency procedures.

Employers response (sections 37 & 38)

When an immediate threat to health and safety has been identified by a HSR, the employer:

must take appropriate action to remove the threat to health and safety and

may direct the relevant employees to carry out suitable alternative work without affecting the
terms and conditions of their employment.

Investigation (section 37)

If you and the supervisor cannot agree that there is an immediate threat or the appropriate course
of action to be taken, either of you may request Comcare to conduct an investigation. This request
should be made as soon as possible.
The supervisor of the work area may also request that Comcare conduct an investigation of the work
that is the subject of disagreement (by contacting Comcare). An investigation must then be carried
out as soon as possible after the request.
Figure 3: Emergency procedures and HSRs illustrates the steps regarding emergency procedures.

Selection and training of HSRs and deputy HSRs

The following is a brief overview more detailed information is contained in Workplace
Consultative Arrangements A guide to Commonwealth consultative provisions (OHS67).

Selection (section 25 & regulations)

Only one HSR and one deputy HSR may be selected for each DWG by the members. To be eligible,
both the HSR and deputy must be members of the DWG.
HSRs and deputy HSRs are selected either by unanimous agreement of all the employees in the
DWG or they are elected by the group. If there isnt a unanimous agreement regarding the selection
of HSR or deputy HSR, the employer must conduct, or arrange for the conduct of an election. All
employees in the DWG are entitled to vote in the election.

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29

Information on HSRs (section 25)

If you have been selected as an HSR or deputy HSR by unanimous agreement of employees in the
DWG, you must inform your employer as soon as possible after your selection.
Within a reasonable time after a HSR has been selected, the employer must notify employees in
writing of the name of the HSR for the DWG.
The employer must:

prepare and maintain an up-to-date list of the HSRs for each DWG in the workplace and

ensure that the list is available for inspection by employees and investigators.

Term of office (sections 26, 31 & 32)

The term of office of a HSR and deputy HSR is as specified in the HSMAs. If it is not specified in the
HSMAs, it is two years by default.
Both the HSR and deputy HSR may be reselected for a further term of office. A person ceases to be
a HSR or deputy HSR if the term of office expires or the person:

resigns by notice in writing as the representative or deputy or

ceases to be an employee in the DWG or

is disqualified under Section 32 of the Act or

the DWG is varied under section 24(6) and the variation results in a change to the membership
of the group.

Casual vacancies (section 26)

If a HSR or deputy HSR ceases to hold office before the end of their term (the retiring HSR), then the
person selected to replace them will hold office for either:

the remainder of the retiring HSRs term, where that term had more than six (6) months to
run, or

the remainder of that term plus the next term of office, where the retiring HSRs term had less
than six (6) months to run.

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Health and Safety Representative Handbook

Accredited training for HSRs (sections 12 & 27)

As a HSR, you must undertake a course of training related to OHS that is accredited by the
SRC Commission.
Your employer must permit you to take such time off work, without loss of pay or other entitlements,
as is necessary to undertake the training. You can find out what accredited HSR courses are available
by contacting your Comcare State/Territory OHS manager, your organisations own OHS staff, or the
Comcare website.
It is not mandatory for deputy HSRs to attend an accredited training course. However, such training
would enable them to acquire the knowledge and skills to undertake the role of a HSR effectively
when needed.

Powers of the administrator of the Act

Investigators and HSRs (sections 28, 41, 42, 43, 44 & 45)
If Comcare or the SRC Commission receives a request for a workplace investigation, it may conduct
an investigation at the workplace (in some cases, the investigation must be done in relation to a
PIN). An investigator may enter a workplace at any reasonable time during the day or night during
an investigation and:

search the workplace

inspect, examine, take measurements or conduct tests

take photographs or make sketches and

request assistance or further information.

Investigator to notify the HSR (sections 28 & 42)

Upon entering a workplace an investigator must take all reasonably practicable steps to notify
the HSR.
The HSR is entitled to accompany the investigator during the investigation.

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31

Removal of plant or samples and do not disturb notices (sections 44 & 45)
During an investigation, an investigator may inspect, examine, take measurements of, or conduct
tests concerning any plant, substance or thing at a workplace in connection with the investigation.
They may take possession of the plant, substance or thing and remove it from the workplace, or a
sample of the substance or thing and remove it from the workplace.
Upon taking possession of the plant, substance or thing, or a sample of a substance or thing, the
investigator must issue a notice of removal of plant or sample.
During an investigation, an investigator may issue a do not disturb notice to the responsible person
in order to:

remove an immediate threat to the health or safety of any person and

allow the inspection, examination or taking of measurements, or the conduct of tests

concerning a workplace or any plant, substance or thing.

The responsible person must display the do not disturb notice in a prominent place and inform the
relevant HSR.
When an investigator considers, on reasonable grounds, that there is not adequate time available
to give a direction by written notice, the investigator may orally direct that a workplace, plant,
substance or thing not be disturbed.

Enforcement options
There are a number of actions that can be taken by Comcare or the investigator following an
investigation. These include the following (refer to the Comcare Enforcement Policy (OHS 50) for
more information on enforcement options).
Prohibition notice (section 46)
During the investigation, an investigator may issue a prohibition notice to the employer to remove
an immediate threat to the health and safety of any person. The prohibition notice must:

specify, with reasons, the activity which the investigator believes is a threat to health or
safety and

direct an employer to stop the activity of concern altogether or to ensure that the activity is
not continued in a specific manner, for example any plant or substance that is not to be used
in connection with an activity.

The employer must give a copy of the prohibition notice to the relevant HSR and have the
prohibition notice displayed in a prominent place at or near the workplace.

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Health and Safety Representative Handbook

Improvement notice (section 47)

If an investigator forms the opinion that the legislation is being breached during an investigation,
they can issue an improvement notice to the employer or the responsible person.
The improvement notice:

must specify, with reasons, the nature of the breach

must specify a period within which any remedial action must be taken and

may specify action the investigator believes is required.

The employer must give a copy of the improvement notice to the relevant HSR and have the
improvement notice displayed in a prominent place at or near the workplace.

Tampering with notices (section 50)

A person must not, without reasonable excuse, tamper with the following notices when they
are displayed:

a prohibition notice

an improvement notice

a notice of removal of plant or sample or

a do not disturb notice.

People cannot, without reasonable excuse, remove:

a do not disturb notice, a prohibition notice, or an improvement notice before the notice has
expired, been revoked, or a new notice issued or

a notice of removal of plant or substance, until the plant or substance is returned to the
workplace from where it was removed.

A person who removes or disturbs a notice may be subject to a criminal prosecution as per
Schedule 2 of the Act.

Prosecutions in respect of breaches of the Act (Schedule 2)

Schedule 2 of the Act provides for a dual civil and criminal penalty regime of enforcement. Under
the dual regime, breaches of the Act will generally be dealt with in civil proceedings. However,
criminal prosecutions are available for serious breaches of the Act, where a breach of certain
provisions causes death or serious bodily harm and the person was negligent or reckless as to
whether the breach would cause death or serious bodily harm.
Further information is available on Comcares
website at www.comcare.gov.au

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33

Figure 4: Appeal against an investigators decision

Appeal against an investigators

decision lodged

Parties to the dispute notified

Australian Industrial Relations Commission

decides on resolution of issue

AFFIRMED

34

REVOKED/VARIED

Investigators decision affirmed

Investigators decision revoked

or varied

Issue resolved

Issue resolved

Health and Safety Representative Handbook

Injunctions (clause 14 of schedule 2)

Comcare or an investigator may apply to a court for an injunction if another person has breached, is
breaching, or proposes to breach the Act or the regulations.
If a court considers it appropriate it may order an injunction (including interim injunctions) and any
other orders that it considers to be necessary to stop inappropriate conduct or remedy its effects.

Appeals and investigation reports

Appeal against an investigators decision (section 48)
Appeals against the decisions of an investigator may be made to the Australian Industrial Relations
Commission (AIRC) by:

an employer

a person to whom a notice has been given

a HSR of a DWG in which an employee is affected (if there is no DWG, an employee

representative may make an appeal if they are requested to do so by an employee) or

a person who owns a workplace, plant, substance or thing referred to in any notice.

Figure 4 Appeal Against an Investigators Decision outlines the process involved.

Investigation reports and the SRC Commission (sections 52, 53 & 54)
An investigator must prepare a report to the SRC Commission after conducting an investigation.
The SRC Commission must forward an investigators report, with any comments it may wish to make
to the employer and, if it wishes, to the responsible minister.
The employer must provide a copy of the report, together with any written comment made by the
SRC Commission, to:

the relevant HSC or

each relevant HSR if affected employees do not have a health and safety committee to
represent their interests.

The SRC Commission may then ask the employer to:

detail any action proposed to be taken in respect of the report and

give the SRC Commission any information or documents.

The employer must comply with the request. The SRC Commission may hold a public inquiry into
any matter arising out of an investigators report.

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35

Report to be given to the Minister (sections 65 & 66)

These sections do not apply to Government Business Enterprises or non-Commonwealth licensees.
If the SRC Commission is not satisfied with:

the employers response to the conclusions or recommendations contained in the

investigators report

the employers failure to provide particular information to the SRC Commission within a
specified period

the action not taken or not proposed to be taken by the employer in regard to the duties
imposed by the legislation or

any prohibition or improvement notice issued by an investigator.

the SRC Commission may report this to the Minister who must table the investigators report and
the employers response before Parliament.

Appendix 1
Assessing and controlling risks
Assessing the risk
If a hazard is identified, the employer should undertake an assessment of it in consultation with the
HSR. The assessment should examine the risks of exposure to the hazard which can affect the health
and safety of employees.

Method
Employers can choose the method of assessment according to the:

nature of the identified hazard

potential effects of exposure to the hazard

regulations and codes of practice and

strategy for control of the hazard.

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Health and Safety Representative Handbook

Criteria
This assessment may include a number of criteria such as:

a visual inspection

auditing

testing

technical or scientific evaluation

an analysis of accident and dangerous occurrence data

results of discussions with designers, manufacturers, suppliers, importers, occupational

hygienists, occupational physicians, medical practitioners, ergonomists, engineers, employees
and Comcare.

Specific assessment criteria are available in a number of documents such as regulations, standards,
codes of practice, Comcare fact sheets, and Australian Standards.

Controlling the risk

To avoid or reduce the incidence of occupational injury or illness, it is important that the risks
associated with exposure to workplace hazards are:

eliminated or

minimised, if it is not reasonably practicable to eliminate them.

Regular environmental monitoring indicating exposure levels and/or medical monitoring indicating
the dose received by employees should accompany any control measures as a check on the
effectiveness of the chosen strategy.

Hierarchy of control measures

The hierarchy of control measures is a list of hazard control measures, in priority order, which you
can use to eliminate or minimise exposure to the hazard.
This order of hazard control is:

elimination or

minimisation through

substitution or modification

isolation

engineering

administration

personal protection.

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37

Elimination
Eliminating a hazard from the workplace is the best way to control it. Potential hazards may be
eliminated through recognition during the design phase.
All potential hazards should be eliminated if possible before moving into new premises, or
introducing new equipment or change to work processes. HSRs should be informed during the
planning stage, prior to work commencing.

Substitution or modification
Hazardous equipment, substances or work processes may be effectively controlled through
substitution or modification. Safer alternative chemicals can generally be obtained. Equipment that
is ergonomically designed or emits less noise can be purchased. Jobs can be redesigned to remove
the need for maintenance of fixed postures or for constant repetitive work.

Isolation
Hazards can be physically removed from the workplace or isolated by cordoning off the area in
which a machine is used.

Engineering
Tools and equipment can be redesigned to reduce risk of injury. Enclosures, guards or local exhaust
ventilation systems can be used to close off the source of a hazard.

Administration
Administration procedures can reduce exposure to hazardous equipment and processes by limiting
the time of exposure, for example, by job rotation or by varying the time when a particular process
is carried out.
Regular maintenance and programmed housekeeping provide an ongoing method for controlling
certain workplace hazards. These include regular inspection and repair of faulty equipment, prompt
cleaning of spills and dirty work areas, and pathways kept clear of obstructions.

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Health and Safety Representative Handbook

Personal protection
If a hazardous working environment cannot be contained, then the employee may be contained.
This means an employee is provided with personal protective equipment (PPE). PPE should be
considered as a last resort, and at best an interim measure, until more effective control strategies
are implemented.
The employer is responsible for providing PPE and appropriate training to employees on the correct
use and maintenance of PPE.
For more information on risk management refer to Comcare publication: Identifying Hazards in the
Workplace (OHS10).

Appendix 2
Where to obtain more information
There are a large number of sources of information on OHS such as:

your own organisations OHS staff

Comcare OHS staff in your State/Territory

Unions that have members in your DWG

Office of the Australian Safety and Compensation Council

Workers Health Centres located in Queensland and NSW

Commonwealth Government bodies.

Comcare
All enquiries 1300 366 979
OHS enquiries ohs.help@comcare.gov.au
All correspondence
GPO Box 9905
CANBERRA ACT 2601 or
Internet: www.comcare.gov.au

Office of the Australian Safety and Compensation Council

GPO Box 1577
CANBERRA ACT 2601
25 Constitution Avenue
CANBERRA ACT 2600
Phone: (02) 6279 1000
Fax: (02) 6279 1199

Health and Safety Representative Handbook

39

Provisional improvement notice

Form 1 Regulation 30
Occupational Health and Safety (Safety Arrangements) Regulations 1991
To

(the responsible person within the meaning of subsection 29(2) of the act)

I,

(name of the health and safety representative issuing the notice)

appointed as the health and safety representative under section 25 of the Occupational Health and Safety Act 1991 for

(description of the designated work group)

after consultation in accordance with subsection 29(1) of the Act, believe that the following provision, or provisions, of the Act or
Regulations is, or are, being breached or is, or are, likely to continue to be breached:

The breach is (a brief description)

The breach is occurring at

(address of workplace)

The reasons for my opinion are as follows:

(include brief description of breach)

In accordance with paragraph 29(4) (b) of the Act, action necessary to prevent the breach, or the likely breach, of the provision or
provisions referred to above must be taken before the date

(the date of a day that is:

(a) not less than 7 days after the day when the notice is issued; and
(b) reasonable in the opinion of the health and safety representative).
In accordance with paragraph 29(5) of the Act, the following action should be taken

(health and safety representative)

This notice ceased to have effect on

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Health and Safety Representative Handbook

Notes associated with provisional improvement notice

1. Under subsection 29 (8) of the Act, within 7 days after this notice is issued, the responsible
person, or any other person, to whom a copy of this notice has been given under subsection
29 (7) of the Act, may make a request to Comcare that an investigation of the matter the
subject of this notice be conducted.
2. Under subsection 29 (9) of the Act, upon a request being made under subsection 29 (8) of the
Act, the operation of this notice is suspended pending the determination of the matter by an
investigator. Note 4 Subsection 29 (12) of the Act provides that if this notice is issued to an
employer, the employer must:

notify each employee who is working for the employer and who is affected by this notice
of the fact that this notice has been issued and

display a copy of this notice at or near each workplace at which work that is the subject of
this notice is being performed.

3. Under subsection 29 (13) of the Act, this notice ceases to have effect if:

it is cancelled by the health and safety representative or an investigator or

the responsible person takes the action specified in this notice, or if no action is specified,
takes the action that is necessary to prevent the further breach, or likely breach, with
which this notice is concerned.

4. Subsection 29 (14) of the Act requires the responsible person:

to ensure that, to the extent that this notice relates to any matter over which the person
has control, that this notice is complied with and

to inform the health and safety representative who issued this notice of the action taken
to comply with this notice.

5. Under subsection 48 (1) of the Act, any of the following persons may, in writing, ask the
Australian Industrial Relations Commission to review the investigators decision, under section
29 of the Act to confirm or vary this notice:

an employer affected by the investigators decision

the person to whom this notice was issued

the health and safety representative for a designated work group whose employees are
affected by the decision

an employee representative where an employee in the DWG has requested the employee
representative to make the appeal

the owner of any plant, substance or thing to which the decision relates.

6. Under subsection 48 (3) of the Act and subject to section 48, the making of an appeal against
the investigators decision, under section 29 of the Act, to confirm or vary this notice does not
affect the operation of the decision or prevent the taking of action to implement the decision,
except to the extent that the reviewing authority makes an order to the contrary.

Health and Safety Representative Handbook

41

Your OHS contact details

Name:
Position:
Organisation:
Location:
Postal address:
Phone number:

Fax number:

Email address:
Name:
Position:
Organisation:
Location:
Postal address:
Phone number:

Fax number:

Email address:
Name:
Position:
Organisation:
Location:
Postal address:
Phone number:

Fax number:

Email address:
Name:
Position:
Organisation:
Location:
Postal address:
Phone number:

Fax number:

Email address:

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Health and Safety Representative Handbook

For further information contact

Comcare
GPO Box 9905
Canberra ACT 2601
Telephone 1300 366 979
Email ohs.help@comcare.gov.au
Internet www.comcare.gov.au
OHS4 (February 09)