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Operator responsibilities to HSRs

The Seacare Authority encourages operators to support and work with HSRs to improve health and safety outcomes.

Specifically, the Occupational Health and Safety (Maritime Industry) Act 1993 (OHS(MI) Act) outlines the following responsibilities of operators* towards HSRs:

*An operator is defined as being, in relation to a prescribed ship or a prescribed unit, the person who has the management or control of the ship or unit. Where the employer is in control of the workplace they would be the operator.

OHS(MI) Act section

Operator responsibility to HSR

Section 47

To permit a HSR to take such time off work, without loss of pay or other entitlements, as is necessary to undertake a course of training related to OHS

Section 61

When a PIN is issued to the person in command, to ensure that the person in command takes all reasonable steps to inform the HSR issuing the PIN of the action taken to comply with the PIN

Section 63

To consult with a HSR on the implementation of changes at any workplace that may affect health and safety at work of the employees in the HSRs designated work group (DWG)

Section 64

To permit a HSR for a DWG to inspect the whole or any part of the workplace and to accompany an inspector during any investigation at the workplace

Section 65

To permit a HSR for a DWG to be present at any interview, about health and safety at work, between an employee in the DWG and an inspector or the operator, the person in command or any other person representing the operator

Section 67

To permit a HSR for a DWG to take time off work, without loss of remuneration or other entitlements, as is necessary to exercise the powers of a HSR

Sections 66, 69 and 70

To provide a HSR for a DWG, upon request, access to any information under the operator’s control relating to risks to the health and safety of any employees. Information that is confidential medical information or subject to legal professional privilege is exempt unless the employee has given written authority for its release or the information is in a form that does not identify a person

Section 68

To provide a HSR for a DWG, upon request, access to facilities necessary for the purpose of exercising their powers as a HSR

Further information on the responsibilities of operators can be found in the HSR Handbook.

Last updated: 21 Mar 2018