Why do this course?

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A health and safety representative represents groups of people in a workplace that have been sectioned into “work groups” within that business for the purpose of facilitating quality communications between management and the workforce on workplace health and safety matters that require consultation with staff.

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The number of work groups is determined by the size of the business, number of staff, number of departments, size and location of the premises, etc.

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If a WHS risk or hazard presents itself, whether newly or because of changes to existing control measures, the WHS Act states that the PCBU (business, organisation, corporation) must consult with all persons who may be affected by the WHS matter and get their feedback and input on proposals to resolve any associated hazards and risks, before final decisions are made.

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Directors and CEOs (as representatives of the PCBU) must ensure these actions occur. They use their management structure to reach out to all persons in the workplace who may be affected and talk to them and get their views and feedback on how to resolve the matter.

 

Management must consult. Workers must be consulted.

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When obtaining this information, persons in work groups must have their health and safety representative present. The parameters for these discussions are covered in Section 70 of the WHS Act.

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In companies that also have a health and safety committee, committee members who are also HSRs would be expected to relay information from the meetings to the members of their work group that need to know.

 

An HSR also has the power to issue "Provisional Improvement Notices" (P.I.Ns) if the HSR believes that the issue has not been resolved. HSRs may also issue Cease Unsafe Work notices if the HSR believes there is reasonable concern that to carry out work would expose a worker of their work group to a serious risk to their health or safety emanating from an immediate or imminent exposure to a hazard or danger.

 

SafeWork NSW have an initial course and a refresher course for health and safety representatives. Under Clause 21 of the WHS Regulation 2017, an HSR is entitled to attend these two courses of training. The refresher course can be done yearly after completion of the initial course.  

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Per Section 72 (2) of the WHS Act, the business must allow for an HSR to attend any of these courses within 3 months of the HSR making the request.

 

Once the HSR has made the request, the provision of that training must occur. There is nothing “optional” about providing the training once the request has been made. If the person is a legitimately elected HSR for a legitimately established work group then the business cannot lawfully refuse.

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HSR Frequently Asked Questions

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What training is available for a Health and Safety Representative?

HSRs are entitled to attend:

• a 5 day HSR Course of training that is approved by SafeWork NSW, and

• a 1 day HSR Refresher Course approved by SafeWork NSW.

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Who can attend HSR training?

Persons who have been elected by their work group as a Health and Safety Representative can attend HSR Training. HSRs can only be workers, not managers.

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Am I still an "HSR" if my workplace hasn't yet been divided into work groups for the purpose of WHS consultation?

No. Work groups must be properly established first before HSRs are elected. Conversely if you have HSRs, then you must already have work groups for them to represent. It is a misuse of the term "HSR" if your business claims to have "HSRs" yet the workplace is not subdivided into work groups. (You may have other measures in place for WHS consultation and these may be fine as they are.)  

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Is HSR training mandatory?

HSR training is not mandatory until an elected HSR specifically requests to attend the course of training. From that point the business must provide for and allow the HSR to take the course. If the person is a legitimately elected HSR for a legitimately established work group then the business cannot lawfully refuse.

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Do I need a U.S.I number for this training?

No.

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Who pays for the course?

The business must pay for the course and "reasonable costs" to do the training. You are owed your normal pay as an employee of the business for the time spent on the course.

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Does the certificate expire?

No. Neither the Initial 5 day or 1 day Refresher course certificates have an expiry. This may change in the future should SafeWork NSW change the course or if the WHS Act or WHS Regulation changes.

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Do I have to do the Initial 5 day course to be an HSR?

No. You can be an HSR without having done the official training but you will not be authorised to issue PINs or instigate a Cease Work direction for unsafe work without having completed the training.

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Can I do another course such as a course in WHS risk management or a course to be a health and safety committee member instead of the SafeWork NSW Initial 5-day HSR course?

No. The 5-day SafeWork NSW course is the only course an HSR can do to become an HSR.

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Is the SafeWork NSW Initial 5-day course suitable for the worker representatives of a health and safety committee?

Yes, but because a health and safety committee is made up of both Management representatives and Worker representatives you may want to consider having all members of the HSC attend HSC-specific training, as HSCs and HSRs deal with different aspects of health and safety in a workplace. 

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Once started how long do have to complete the Initial 5 day HSR course?

SafeWork NSW state that an HSR has 6 months to complete the training from the completion date of their first day of training.

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If I do not complete the course within the 6 months, do I have to do the course again?

Yes.

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If I do not complete all 5 days of the course will I get a certificate?

No. You will be issued instead with "Topic Completion Certificates" for the days you attended and completed. E.g. If you completed 3 of the 5 days you will received 3 certificates, one for each day.

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Who qualifies for the HSR Refresher course?

Any person who has completed the Initial 5 day HSR course may do the HSR Refresher course. (Note, a person who is not an HSR or an HSR who has not completed the initial 5-day HSR training may also sit in on the course unofficially but they will not be registered with SafeWork NSW or certified.

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How often do I have to do the HSR Refresher course?

An HSR is entitled to attend an "annual refresher." This does not mean you have to do the course every year but you are entitled to if you want to do it.

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Can a person who is not an HSR do the Initial 5 day HSR course?

Anyone can do the course and they will receive the SafeWork NSW certificate. However, that doesn't automatically make them an HSR. Sometimes managers or supervisors may do the initial 5-day course to further their knowledge of WHS law and PCBU consultation. Only workers can be HSRs.   

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Is the 1 day HSR Refresher course mandatory?

Only if it is requested by an HSR that they want to do it. At that point it becomes mandatory and must be provided by the business.

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Do I have to do the Initial 5 day course to be able to issue PINS or Cease Work directions?

Yes.

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I did the HSR training before 2023. Do I need to do it again? 

Both HSR courses were revised in 2022 by SafeWork NSW and the new courses have been delivered since 2023. This does not mean you have to redo the Initial 5 day course. Your original certificate is permanent. It might be a good idea to do the new HSR Refresher as there are definitely new things in the course. 

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Will HSR training help me if I am also a worker representative on a health and safety committee?

Yes. HSRs are expected to be some or all of the worker representatives on a WHS committee. This is covered in the SafeWork NSW Initial 5-day training. 

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Who can deliver HSR training?

SafeWork NSW HSR training can only be provided by a SafeWork Approved Training Provider (ATP.) Courtenell is a SafeWork NSW Approved Training Provider for the delivery of the Initial 5 Day, and the 1-day Refresher HSR courses.

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Can HSR training be delivered on line? 

Yes. Courtenell is approved by SafeWork NSW to deliver "virtual" HSR training. We can deliver in ZOOM or TEAMS. There are some additional requirements and limitations in class size to consider if wanting to do HSR virtually. 

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Where is HSR training delivered?

Courtenell can deliver HSR training on site (at your premises) or at one of our public venues in Sydney. We have venues in the Sydney CBD and at Blacktown. We can also deliver HSR training on line. 

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