When workers are elected as either health and safety representative or deputy for their designated work groups (DWGs), it is important that they be trained so that they are able to be able to carry out their role and functions.
The VTHC recommends that as soon as possible after they have been elected, OHS reps and deputies attend a training course which will give them the tools to confidently represent their fellow members.
Under Section 67 of the Victorian OHS Act, the employer must allow a representative to attend an approved course on paid time, pay the cost of the course and must pay any other associated costs. (Note: costs may include travel, parking, etc. Payment of associated costs should be discussed prior to the course). The courses approved under this section of the Act are both the initial 5 day course of training, and now an annual refresher course. (See below for the list of approved refresher courses now delivered by the VTHC OHS Training Unit)
Reps (and deputies) must make the request to their employer to attend an approved course not less than 14 days before the course starts. The VTHC recommends that reps and deputies attend courses conducted either by their own union or the VTHC OHS Training Centre. While the course is to be chosen by the health and safety rep in consultation with the employer, an employer cannot reasonably refuse to allow a rep or a deputy to attend the approved course of their choice. If the employer attempts to prevent a rep attending a course, or if agreement cannot be reached, then the rep can ask the Authority to make a decision.
In addition to training courses approved under s67 of the OHS Act, there are also courses approved under s69. Elected reps, not deputies, are entitled to attend these courses on paid time, but the employer is not obliged to pay for the course or other associated costs. The VTHC OHS Reps' Annual Conference/Seminar during OHS Week is an example of a course approved under s69 of the Act, and all reps should register for this great event.
Time spent at an approved training course is considered time at work and be paid for by the employer as such. Payment must include normal shift allowances, and so on. An OHS rep or deputy must not be disadvantaged in any way by attending an approved course, so there must be discussion and resolution of issues such as arrangements for rostered days off or varying shift arrangements, expenses, and so on. Contact your union if you have any queries.
For WorkSafe guidance and advice on the obligations of the employer with regards to training, see pp 35 - 40 of Employee Representation.
The changes to the Federal Workplace Relations Act ('Workchoices')
DO
NOT AFFECT training for reps and deputies under the Victorian OHS Act.
If you have any problems with your employer agreeing to allow you to attend the course of your choice, contact your union, or the VTHC OHS Unit immediately.
The VTHC is offering the following WorkSafe approved 1 day refresher courses for all OHS and Deputy Reps under Section 67(3)(a) of the 2004 Act:
- Legislative Update: concentrates on the differences between the 1985 and 2004 OHS Acts; the consolidated regulations and now the new Compliance Codes
- Hazard identification and assessment in the Workplace: Hazardous Substances
- Hazard identification and assessment in the Workplace: Manual Handling
- Hazard identification and assessment in the Workplace: Workplace Hazard Mapping
- Hazard identification and assessment in the Workplace: Body Mapping
- Hazard identification and assessment in the Workplace: Psychological Hazards and
- Consultation
Go to this page for more information on our course program.
Last amended October 2008