Under Section 17 of the Occupational Health and Safety Act 2000 the establishment of an occupational health and safety committee, election of an OHS representative or other agreed arrangements should take place as follows:

OHS committees (s.17(1))

• when there are 20 or more people employed at the place of work and a majority of the employees requests the establishment of one or more committees, or if WorkCover directs that establishment.

More than one committee is to be established if the majority of employees request their establishment and the employer agrees or if WorkCover so directs.

OHS representatives (s.17(2))

• an OHS representative is to be elected if at least one person employed at a place of work requests it or if WorkCover directs it.

The employees may elect more than one OHS representative if the employer agrees or WorkCover so directs.

Other agreed arrangements (s.17(3))

• other agreed arrangements for consultation with employees can be established if there is agreement between the employer and the employees and the arrangements meet the requirements of the Regulation. (A Federal or State organisation of employees may represent any of the employees who request the organisation to represent them, for the purposes of consultation under the other agreed arrangements)

Note:  The employer may make arrangements for the establishment of an OHS committee or election of an OHS representative whether or not it has been requested by any of the employer's employees (s.17(4))

• an OHS representative(s) may also be an employee representative on an OHS committee(s)
• the employer can have both OHS committees and OHS representatives to consult with employees. If both exist, the OHS committee is the primary consultation mechanism.