Health and safety representatives: powers, elections and employer obligations

What powers does a health and safety representative have in Victoria?

A health and safety representative (HSR) is a worker elected to represent colleagues on safety matters, with legal powers under Part 7 of the Occupational Health and Safety Act 2004 (Vic). Those powers include monitoring compliance, inquiring into risks, accessing safety information, accompanying inspectors, and, for elected HSRs, issuing improvement notices and directing work to stop.

How are HSRs elected?

HSRs represent a designated work group (DWG) — a group of employees set up so their OHS interests are best represented and they have reasonable access to their HSR. If an employee asks their employer to establish a DWG, the employer must do everything reasonable to start negotiations within 14 days of that request (WorkSafe Victoria).

Once a DWG is established, its members decide how the election will run. If there's disagreement about the process, WorkSafe Victoria can run the election itself or appoint someone else to do so. HSRs, and deputy HSRs who step in when the HSR is unavailable, hold office for a maximum term of three years and can be re-elected (WorkSafe Victoria).

What can an HSR actually do day to day?

Under the OHS Act 2004 (Vic), an elected HSR can:

Power	What it means
Monitor compliance	Check the measures the employer has taken to comply with the OHS Act and OHS Regulations 2017
Inquire into risks	Investigate anything that poses, or may pose, a risk to the health or safety of their DWG's members
Accompany an inspector	Join a WorkSafe inspector during a workplace inspection where a DWG member works
Request a health and safety committee	Require an employer to establish a health and safety committee (HSC) if a DWG member consents
Access information	Access employer-held information about actual or potential workplace hazards, and about DWG members' health and safety
Issue a provisional improvement notice (PIN)	Direct that a contravention of the OHS Act or Regulations be remedied, where consultation hasn't resolved an ongoing or likely-repeated issue
Direct work to cease	Direct that work stop where there's an immediate threat to health or safety and issue resolution procedures aren't appropriate given the risk

(WorkSafe Victoria)

What is a provisional improvement notice (PIN)?

A PIN is issued under section 60 of the OHS Act 2004 (Vic). If consultation between the HSR and the employer doesn't resolve a workplace health and safety issue, and the contravention is ongoing or likely to continue or be repeated, the elected HSR may issue a PIN requiring it to be fixed. Deputy HSRs can only issue a PIN if the elected HSR has ceased to hold office or is unable to exercise their powers (WorkSafe Victoria).

When can an HSR direct workers to stop work?

An HSR can direct work to cease where a health and safety issue involves an immediate threat to anyone's safety, and it wouldn't be appropriate to work through normal issue resolution procedures given the nature and urgency of the risk. Before issuing the direction, the employer and HSR must consult about the issue where practicable. Once work has stopped, the employer can assign affected workers to suitable alternative work, provided it doesn't expose them to the same risk and matches their skills and classification (WorkSafe Victoria).

What must an employer do to support an HSR?

Employers have obligations that mirror the HSR's powers. They must consult with HSRs — sharing relevant information in good time, giving a genuine opportunity to express views, and taking those views into account before a final decision is made, not after (WorkSafe Victoria). Employers must also establish a health and safety committee within three months of a valid HSR request, where at least half the members are employees or HSRs.

Can an employer discipline an HSR for using these powers?

No. The OHS Act 2004 (Vic) protects HSRs against discrimination, including the threat of discrimination, for properly exercising their role. This protection is part of why the Act also prohibits coercion during DWG negotiations, so the process of setting up representation isn't used to sideline workers who want a voice on safety (WorkSafe Victoria).

Making representation work, not just exist

The Victorian manufacturers I see get the most value from their HSRs are the ones who treat consultation as a genuine two-way conversation early in a decision, not a box to tick after the fact. An HSR who's actually briefed before a new machine arrives or a shift pattern changes will usually raise the practical problems your engineers and supervisors missed — that's the whole point of the role. If you want help setting up or refreshing your DWG and HSR arrangements, book a site assessment.

FAQ

Does every Victorian workplace have to have an HSR? No. An HSR is only elected if a DWG is established, which generally happens when an employee requests it. There's no automatic requirement to have one in place before that request is made.

Can a deputy HSR issue a provisional improvement notice? Only if the elected HSR has ceased to hold office or is unable to exercise their powers — otherwise, PIN power sits with the elected HSR.

How long can someone serve as an HSR? A maximum term of three years per election, though HSRs can stand for re-election when their term ends.

This article is general information for Victorian manufacturers, not legal advice. Last updated: 10 August 2026.