How do I set up an OHS committee?- Top
An OHS Committee is established when:
- the employer has 20 or more employees and the majority of employees request that an OHS committee be established; or
- WorkCover directs the establishment of an OHS committee; or
- the employer, in consultation with employees, establishes an OHS committee.
The following steps provide general guidance for employers and employees on how to set up an OHS committee.
Lay the groundwork:
- become familiar with OHS legislative requirements
- consider whether an OHS committee is the most appropriate consultation arrangement for health and safety matters in your workplace;
- determine the composition of the workgroup the OHS committee will represent;
- consult with management and employees to detail the OHS committee's purpose, start date and management's role in supporting the committee.
Determine OHS committee membership:
- consult about the number of employer and employee representatives (employer reps must not exceed the number of employee reps);
- consider inviting sub-contractors and their employees to observe meetings;
- consider inviting union or reps of employer associations to observe or address meetings;
- ensure employees are aware what is involved in being an OHS committee member and the training required ;
- appoint employer reps. Ensure they are able to act on behalf of the employer;
- decide on the election process for employee reps including arrangements for absence, removal and casual vacancies
- conduct election for employee reps;
- inform all employees and management of the names of OHS committee members;
- ensure OHS Committee members have a copy of the OHS Consultation Code of Practice and other relevant materials eg OHS policy/procedures.
Form the committee:
- conduct elections
- conduct OHS consultation training
- convene the first OHS Committee meeting as soon as possible. The first meeting should elect the chairperson, decide on the frequency and procedures of meetings, review the Consultation Code of Practice and discuss the purpose of the committee.
Conduct periodic evaluation of the committee's effectiveness:
Details of a Sample Election Procedure can be found in Schedule 6 of the OHS Consultation Code of Practice.
Section 6 of the OHS Consultation Code of Practice provides a comprehensive guide on how to set up an OHS committee.
For further information contact WorkCover's OHS Education Unit on (02) 9841 8512.
There are a number of actions that can be taken:
- you can bring the matter up with your OHS committee. This may solve the problem, as there may be a simple breakdown in consultation/communication;
- if dissatisfied with the way the OHS committee has addressed a particular occupational health and safety issue, you can take your concerns directly to management;
- if you consider the issue is a risk to health and safety, you could contact your local WorkCover office for an Inspector to provide advice and/or investigate the situation for possible breaches of OHS legislation.
Remember that one of the best ways to have an influence on the performance of your OHS Committee is to become a member yourself. You may wish to consider this the next time a vacancy arises.
What functions do the members of an OHS committee have?- Top
Under the provisions of the OHS Act 2000 Section 18(a), (b) and (c) and the OHS Regulation 2001, the functions of OHS committees are to:
- keep under review measures to ensure the health safety and welfare of persons at the place of work;
- investigate any matter that may be a risk to health and safety at the place of work;
- attempt to resolve any health and safety matter. If the committee cannot resolve the matter it should ask an inspector from WorkCover NSW to help.
Additional functions of OHS committees and OHS representatives are covered by Clause 30 of the Regulation as follows:
- to make a request to accompany an inspector as an observer on an inspection under Section 69(b) of the Act that affects the workgroup that the committee or representative represents;
- to be an observer during any formal report by an inspector to the employer in connection with any OHS matter concerning the workgroup that the committee or representative represents;
- to accompany an employee of the workgroup that the committee or representative represents, at the employee's request, during any interview by the employer on any OHS issue;
- to be an observer during any formal in-house investigation of an accident or other occurrence at the relevant place of work (This applies to incidents that must be notified to WorkCover under Division 4 of Part 5 of the Act);
- to assist in the development of arrangements for recording workplace hazards and accidents and to promote improved workplace health and safety;
- to make recommendations for training of members of the OHS committees and OHS representatives and for employees in relation to occupational health and safety.
Note: An observer must be an employee member of the OHS committee or the OHS representative and only one person may act as such an observer at any particular time - Clause 30(2).
What is OHS consultation?- Top
OHS consultation involves:
- the sharing of relevant information about OHS and welfare with employees;
- giving employees the opportunity to express their views and to contribute to the resolution of OHS and welfare issues; and
- valuing the views of employees and taking them into account.
Consultation enables employees to contribute to the decisions that affect their health, safety and welfare. It helps employers and employees to work together to seek solutions that lead to healthier and safer workplaces.
Chapter 3 of the OHS Regulation 2001 covers consultation requirements. See also Section 13 of the OHS Act 2000 which sets out the employers "duty to consult" with employees about OHS matters.
What is the purpose of an OHS committee?- Top
The purpose of an OHS committee is to provide a mechanism for consultation between employers and employees.
An OHS committee has elected employee representatives and appointed employer (management) representatives that consult about health and safety matters and make recommendations for improvements in these areas.
An OHS committee is a forum where health and safety problems can be identified and resolved using a systematic approach to OHS and where safe systems and procedures can be developed and monitored and continually improved.
An OHS committee can help prevent injuries and fatalities from occurring in the workplace. Evidence suggests that workplaces with effective committees show a decline in accident and work related illness rates.
Note: An OHS committee is an advisory body only. It does not make decisions about OHS issues. That remains the responsibility of the employer. However, the employer must value employee's views and take them into account. The OHS committee assists the employer to make more informed decisions by providing recommendations regarding OHS issues.
(OHS committees are also known by the longer names of "occupational health and safety committee" or "workplace health and safety committee" or "safety committee").
An OHS representative may also be an employee representative on an OHS committee.
When should the establishment of OHS committees, election of OHS representatives or other agreed arrangements take place?- Top
Details of a Sample Election Procedure can be found in Schedule 6 of the OHS Consultation Code of Practice.
Section 6 of the OHS Consultation Code of Practice provides a comprehensive guide on how to set up an OHS committee.
For further information contact WorkCover's OHS Education Unit on (02) 9841 8512.