PCBUs negotiating around the formation of work groups for health and safety representatives are now required to ensure HSRs are only grouped with workers who "carry out the same or a similar type of work", under one of a number of WHS changes in Queensland.
The changes were made by the Work Health and Safety and Other Legislation Amendment Regulation 2024, which commenced yesterday.
The legislative instrument gives effect toa number of HSR-related recommendations from the latest five-yearly review of Queensland's version of the national model WHS laws and makes consequential amendments required by the recent passing of the State Work Health and Safety and Other Legislation Amendment Bill 2023 (see related article).
The HSR-related changes amend the Regulation to, for example, clarify the duty of PCBUs involved in the determination of HSR work groups to have regard to the need for an HSR "to be readily accessible to each worker in the work group".
They state that PCBUs must also have regard to the need for an HSR to "carry out the same or a similar type of work to each other worker in the work group", and that an HSR is considered to be readily accessible to a work group member if the HSR works at the same workplace as the worker (or at a workplace from which the HSR can attend the worker's workplace within a reasonable time), and "works the same or a similar pattern of work to the worker".
The changes also clarify that the "resources, facilities and assistance" that PCBUs must provide HSRs, under section 70(1)(f) of the State Work Health and Safety Act 2011, include means for an HSR to: communicate with work group members (including those based at different workplaces); communicate with the PCBU; hold face-to-face or online meetings with work group members; send and receive information in accordance with the WHS Act; monitor measures taken by the PCBU in relation to the health and safety of the work group; and print or display relevant health and safety information or notices.
They suggest that PCBUs could be forced to provide HSRs with a means of transport to visit work group members at other sites.
They list examples of resources that provide a means to communicate as including "access to a phone [and]access to an electronic device with internet access from which to send emails or attend online meetings".
Significantly, the changes increase the frequency of training for HSRs, requiring PCBUs to ensure they undergo a one-day refresher course every 12 months, instead of once every three years.
The changes also require PCBUs to ensure HSRs undergo their initial five-day training course within 28 days of their election to the role, instead of within three months.
