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Role of Health and Safety Representatives

Clauses 25 to 34 and 38 to 40 relate to health and safety representatives, and are summarised below.

Selection, Election, Resignation and Disqualification

One health and safety representative may be selected from each work group, either by unanimous agreement by the members of the work group, or by election.

Elections are to be organised by the operator, at the operator's expense. There is a legal obligation on the operator to commence the election process within "a reasonable time", and in any case within 6 months of a vacancy arising.

For very large work groups, or if the majority of the work group request, the elections must be held in accordance with the detailed rules set out in the Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993. In all cases, the operator, when arranging or conducting an election, must comply with any relevant directions issued by NOPSA.

The operator must maintain a list of HSRs for each facility and must make the list available to all members of the workforce and to any OHS inspector.

HSRs serve for a period of 2 years, or a period agreed to during the consultations about establishing or varying the designated work groups, or until they resign or are disqualified. Unless disqualified, HSRs may stand for re-election as many times as they wish.

Only NOPSA may disqualify a person from being an HSR under the OPA. The disqualification can be for up to a period of 5 years. Disqualification can occur only if:

  • an operator, work group employer or workforce representative makes an application to NOPSA for a particular HSR to be disqualified; and
  • NOPSA is satisfied that that the HSR has taken action with the intention of causing harm to the operator or work group employer, or has otherwise misused the HSR powers; and
  • NOPSA has considered the level of harm, the HSR's past performance, the public interest and other matters that NOPSA believes relevant.

Each work group may select or elect a deputy HSR, who may exercise the powers of an HSR if the HSR is unable to exercise their powers because of absence, resignation, etc.

Powers of HSRs

Health and safety representatives have a range of powers, in particular:

  • To inspect the workplace if there has been an accident or dangerous occurrence, or an immediate threat of one;
  • Inspect the workplace at any time, after having given reasonable notice;
  • Request an inspection by an OHS inspector;
  • Accompany an OHS inspector during an inspection, whether or not that inspection followed a request by the health and safety representative;
  • If there is no OHS committee, represent the group members during consultations with the operator and work group employers;
  • If there is an OHS committee, examine the committee's records;
  • Investigate complaints by any group members about health and safety affecting any members of the workforce;
  • Be present at any interview of a group member, if that group member consents;
  • Obtain access to any relevant OHS information, unless that information is confidential; and
  • Be assisted by a consultant, if permitted in writing by either the operator or NOPSA.

Operators and employers are obliged under clause 40 to allow HSRs to exercise these powers. However, although HSRs have the power and authority to do any of the things listed above, and must be allowed to do them, they are not legally obliged in any way. Nor do they become liable in civil proceedings for a failure to exercise their powers, or as a result of the way they exercise their powers.

Provisional Improvement Notices

A health and safety representative may issue a provisional improvement notice to any person if the HSR believes that the person is contravening Schedule 3 or the regulations, or has contravened the Schedule or regulations and is likely to repeat the contravention, in a way that affects or could affect the designated work group.

However, before issuing a provisional improvement notice, the HSR must first consult with the person supervising the relevant work activity, to attempt to reach agreement on the means of rectifying the alleged contravention or preventing the likely contravention. Only if agreement cannot be reached within a reasonable time should the PIN be issued.

If a PIN is necessary, it should be issued to "any or all of the persons … responsible for the contravention". If such a person is the registered operator, the PIN may be issued to the operator's representative at the facility - the operator has an obligation to appoint someone to this position, and to make the name of this person known to the workforce. The "operator's representative" would typically be the Offshore Installation Manager (OIM) or Person in Charge (PIC). If the operator's representative is not available at the time, the PIN may be given to the person who is or "may reasonably be presumed to be" in charge of the activity.

A PIN must specify the particulars of the contravention, and the reasons the HSR has for believing there to be a contravention or likely contravention. It must also specify a reasonable period, of at least 7 days, within which action is to be taken. It may specify the nature of the action to be taken, but does not have to do this. The period may be extended by the HSR, if appropriate. Copies of the PIN should be given to other affected persons, such as the work group employers, and the owner of affected plant, etc.

A person who has received a PIN, or a copy of a PIN, from the HSR, may make a request for a NOPSA OHS inspector to review the matter. Such a request suspends the action of the PIN. Having reviewed the matter, the OHS inspector may confirm, vary or cancel the PIN and/or take any action that an OHS inspector may normally take. If the OHS inspector varies or cancels the PIN, the original PIN has no further effect.

These links provide blank PINs, based on the forms set out in the legislation:
PIN for use in Victorian coastal waters (3 Nm zone)
PIN for use in Western Australian coastal (3 Nm zone) and inland waters
PIN for use in all other offshore waters

NOPSA has prepared a document on completing a Provisional Improvement Notice to provide further guidance for HSRs.

>> HSR Training Courses

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