Health and safety representation in sex work

Work groups and safety representatives

Employee representation on health and safety issues is one of the principles of the OHS Act. The OHS Act says 'employees are entitled and should be encouraged to be represented in relation to health and safety issues'. This includes sex workers and others working in the sex industry.

Employees in the sex industry can be part of groups that elect people to represent them in health and safety matters at work. These groups are called designated work groups. They're also known as DWGs. The people elected to represent employees are called health and safety representatives. They're also known as HSRs.

Setting up a DWG

There are steps to organising employee representation at work. The first step is to set up a DWG. A DWG's members are employees who do similar jobs or have similar concerns about occupational health and safety, also known as OHS. There can be more than one DWG in a workplace. A DWG can include:

• employees of one employer at one or more workplaces
• employees of multiple employers at one or more workplaces

A DWG in the workplace allows for proper representation of employees in OHS issues.

Any employee can start discussions with their employer to establish a DWG. An employer can also start discussions with employees to establish a DWG.

Employers have a set time to act after receiving a request to set up a DWG. They must do everything reasonable to start negotiations within 14 days of the request.

DWG negotiations

Employees and employers negotiate and agree on the DWG's details. Negotiations about DWGs can only be about specific issues. Section 44 of the OHS Act outlines those issues.

If they cannot agree on DWG details, any party in the negotiations can ask WorkSafe for help. WorkSafe will provide an inspector to help with negotiations.

When negotiations are complete, employers must establish the DWG. They do so by giving written notice to employees.

The WorkSafe website has more information about setting up DWGs.

Electing HSRs

After setting up a DWG, the members elect at least one person to be an HSR. The HSR will represent the group on OHS issues. DWG members can also elect deputy HSRs, if they choose.

HSRs are a crucial link between members of the DWG and their employer. HSRs ensure that health and safety issues are raised and dealt with in a timely manner. They also ensure employees are consulted on health and safety issues.

While employers have a duty to provide a safe workplace, HSRs help keep workplaces safe.

Powers of HSRs

HSRs have certain powers. They get these powers from the OHS Act and Occupational Health and Safety Regulations 2017.

HSRs' powers include the power to do the following:

• Inspect any part of a workplace where a member of the DWG works. HSRs can do this:
  • at any time after giving reasonable notice to the employer
  • immediately if there is an incident or situation involving an immediate risk to a person's health or safety
• Take photographs or measurements or make sketches or recordings at any part of a workplace where a member of the DWG works. This power does not extend to interviews about an OHS matter.
• Accompany a WorkSafe inspector during an inspection of a workplace where a member of the DWG works.
• Require the establishment of a health and safety committee.
• If the DWG member consents, be present at:
  • an interview about OHS between the member and an inspector
  • an interview about OHS between the member and the employer or employer's representative
• If authorised to represent independent contractors engaged at the workplace, and they consent, be present at:
  • an interview about OHS between the person and an inspector
  • an interview about OHS between the person and the employer or employer's representative
• If authorised to represent the contractors' employees, and they consent, be present at:
  • an interview about OHS between the person and an inspector
  • an interview about OHS between the person and the employer or employer's representative
• Seek the assistance of any person whenever necessary.

HSRs can only do these things for the following purposes:

• Representing DWG members on issues concerning health and safety.
• Monitoring measures employers take to comply with the OHS Act or regulations.
• Enquiring into anything at the workplace that:
  • poses or may pose a risk to the health or safety of DWG members
  • poses or may pose a risk to the health or safety of independent contractors engaged at the workplace
  • poses or may pose a risk to the health or safety of the contractors' employees
• Enquiring into anything from the conduct of the employer's business that:
  • poses or may pose a risk to the health or safety of DWG members
  • poses or may pose a risk to the health or safety of independent contractors engaged at the workplace
  • poses or may pose a risk to the health or safety of the contractors' employees
• Attempting, with the employer or employer's representative, to resolve any health and safety issues at the workplace that affect:
  • DWG members
  • independent contractors engaged at the workplace, if authorised to represent them
  • the contractor's employees, if authorised to represent them
• Attempting, with the employer or employer's representative, to resolve any health and safety issues from the conduct of the employer's business that affect:
  • DWG members
  • independent contractors engaged at the workplace, if authorised to represent them
  • the contractor's employees, if authorised to represent them

More information about HSRs and their powers is available on the WorkSafe website.

Number of HSRs and DWGs

A DWG can have more than one HSR. Having more than one HSR may help when, for example, members of a DWG work shifts or when the DWG has many members.

A workplace can have more than one DWG but there must be one HSR for every DWG.

HSRs can only exercise their powers in relation to matters that affect members of their DWG. But there are exceptions. The exceptions are if:

• there is an immediate risk to the health or safety of a member of another DWG
• a member of another DWG asks for the HSR's help and it is not practical to ask the HSR or deputy HSR for the other DWG

WorkSafe encourages workplaces to establish DWGs and the election of HSRs.