NSW Work Health & Safety Act Module: H&S Committees – Roles and Functions 1

NSWWork Health & Safety Act

Module: H&S Committees – Roles and Functions

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About this Module

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Purpose: To outline the requirement for establishing H&S Committees, their roles and functions and how this differs from existing requirements

Learning OutcomesThe key learning outcomes of this module are:

•An understanding of the requirement to establish a Health and Safety Committee under the WHS Act and Regulations

•An understanding of the role and function of a Health & Safety Committee under the WHS Act and Regulations

•An understanding of the changes from the current NSW legislation on OHS Committees 3

What we currently have to do

What does the existing OHS Act say about OHS Committees – when do they have to be formed, who makes up a Committee, what do they do?

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OHS Act 2000

• OHS Committees are one of the three options that an employer may use to meet its duty to consult

• A Committee MUST be established if

– 20 or more employees and the majority of employees request one

– WorkCover NSW so directs

– An employer chooses to establish a Committee

• A Committee MUST represent a defined “workgroup” of employees – usually all employees at the workplace 5

OHS Act 2000 – Committee Functions

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OHS Committees – OHS Act 2000

• The number of employer reps must not exceed the number of employee reps

• The employer reps must have the authority to act on behalf of the employer on OHS matters

• Each member must undertake an approved 4 day training program

• The Chairperson must be an employee representative

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OHS Committees - OHS Act 2000• OHS Committee can

investigate any matter that may be a risk to health and safety at workplace

• An employee representative can be an observer during any formal in-house investigation

• Chairperson of the Committee can request an investigation by an inspector if a matter can’t be resolved by the Committee

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What WHS Act says PCBU’s must do:PCBU must establish a health & safety committee within 2

months of being requested to do so by:

– a HSR for the workgroup carrying out the work

– 5 or more workers at the workplace

– if required to do so by the regulation

PCBU may establish a committee on their own initiative

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What WHS Act says about Committees:

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FUNCTION OF THE HEALTH & SAFETY COMMITTEE:

What WHS Act says PCBU’s must do:

PCBU must: •allow each member of the committee to spend time reasonably necessary to attend meetings, carry out functions

•pay members usual wages while doing Committee work

•allow Committee access to information relating to:

- hazards & associated risks

- health and safety of workers 11

What WHS Act says about Committees:

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Code of Practice – How to Consult on Work Health & Safety is available in draft form and is currently out for public comment.

It provides valuable guidance on all aspects of CONSULTATION including:

Consulting using HSR & Committees

What WHS Regulation says about Committees :

The WHS Regulation does not deal with COMMITTEES

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What is different from current arrangements?

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SIGNIFICANT CHANGES

Keep it and refocus it to fulfil its new functions and to contribute to H&S performance improvements

Discuss how it may be extended to cover all workgroups, not just employees

Review the current training with committee members and design something that meets the requirements of the members and your business

Ensure members understand and use the new legislation 1

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What do you have to do?If you have a committee that works

What do you have to do?

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Think about whether you need one - a Committee may not be the best of most effective way to consult with your workers.

Identify your workgroups and talk to them about how you may consult and determine if a committee is the way to go.

A committee may work if you have a significant number of workers who are reluctant to be a HSR but would be part of a committee

If you don’t have a committee or if it is ineffective

Assessment questions1. When does a H&S Committee have to be established?

2. What are the functions of an H&S Committee?

3. What does the Act say about the make up of a H&S Committee?

4. What training must you complete to be a member of a H&S Committee?

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Continued

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