The OHS Act sets out very clearly the rights and responsibilities that the Health and Safety Representative has, but from time to time these can be confused with the duties that the Health and Safety Officer has in law.
| Health and Safety Representative |
Health and Safety Officer |
| Called the Health and Safety Rep or HSR. |
Can be called Health and Safety Officer/Manager/Adviser/Co-ordinator. |
| Elected by members of the Designated Work Group. |
Nominated by the Principal/Manager. |
| Represents all members of the Designated Work Group. |
Represents the employer. |
| Has a major role to play in bringing health and safety issues to the attention of the employer. |
Is responsible for ensuring compliance with the Occupational Health and Safety Act 2004; i.e. for providing a healthy and safe workplace. |
| May be any member of staff but should not be member of the principal class (schools) or senior manager (centres). |
Should be the Principal/Manager or Assistant Principal/Manager. |
| Not required to physically repair or remove hazards or to have all the answers on health and safety matters. |
Is responsible for organising repairs and removing hazards and ensuring that safety procedures and regulations are followed. |
| Is entitled to attend an accredited 5 day training course with time off work to attend. |
Should attend accredited 5 day training course but no entitlement under the Act. |
| Is entitled to appropriate paid time off work to undertake role. |
Undertakes as part of management responsibilities. No entitlement under the Act to specific paid time off. |
| Has prescribed rights and powers under the Act but no duties. |
Has no specific rights or powers under the Act but a range of duties and liabilities as outlined in the Act. |
| May issue a Provisional Improvement Notice after consultation about the hazard with the Principal/Manager. |
May receive a PIN and need to act on it or appeal against it, but cannot issue a PIN. |
| Cannot be directed to undertake any task relating to health and safety, but can be required to consult with the Principal/Manager before undertaking certain activities. |
Required to consult with the HSR on a range of activities (eg changes to workplace arrangements, inspections, investigations etc). |
| No liability for health and safety in the workplace as no duties imposed under the Act. |
Liable for health and safety in the role of Principal/Manager or representative of Principal/Manager. |