Occupational Health and Safety Committee Constitution

1.0

Establishment

1.1

The Occupational Health and Safety Committee (the Committee) is established pursuant to the Occupational Health and Safety Committee Act 2000 No 40 (NSW) (the Act) and the Occupational Health and Safety Regulation 2001 (the Regulation):

2.0

Responsibilities

2.1

The Committee has the following obligations under the Act and the Regulation:

2.1.1

Part 2, Division 2, Section 18, the Act

Functions of OHS committees and OHS representatives

An OHS committee or an OHS representative has the following functions:

(a)

to keep under review the measures taken to ensure the health, safety and welfare of persons at the place of work;

(b)

to investigate any matter that may be a risk to health and safety at the place of work,

(c)

to attempt to resolve the matter but, if unable to do so, to request an investigation by an inspector for that purpose,

(d)

such other functions as are prescribed by the regulation.

2.1.2

Chapter 3 Clause 30, the Regulation

Additional functions of OHS committees and OHS representatives (section 18(d) of the Act)

(i) an OHS committee and an OHS representative have the following additional functions:

(a)

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,

(b)

to be an observer during any formal report by an inspector to the employer in connection with any occupational health and safety matter concerning the workgroup that the committee or representative represents,

(c)

to accompany an employee of the workgroup that the committee or representative represents, at the request of the employee, during any interview by the employer on any occupational health and safety issue,

(d)

to be an observer during any formal in-house investigation of an accident or other occurrence at the relevant place of work that is required to be notified to WorkCover under Division 4 of Part 5 of the Act,

(e)

to assist in development of arrangements for recording workplace hazards and accidents to promote improved workplace health and safety,

(f)

to make recommendations on the training of OHS committees and of OHS representatives,

(g)

to make recommendations on the training of employees in relation to occupational health and safety;

2.2

The Committee is responsible for advising the University through the Vice-Chancellor on how to meet its obligations under the Act and the Regulation, to

2.2.1

ensure the health, safety and welfare of employees and contractors;

2.2.2

protect persons other than employees and contractors in the workplace against risk to health or safety arising out of the activities of employees and contractors; and

2.2.3

promote an occupational environment for employees and contractors which is adapted to their physiological and psychological needs.

2.3

Without limiting the generality of the foregoing, the Committee will:

2.3.1

provide a forum for discussing all matters at University level affecting the occupational health and safety of employees, students and visitors in the workplace;

2.3.2

provide a forum for discussing all OHS matters at Faculty/Divisional level that cannot be resolved by the Committees at that level. This may involve carrying out workplace inspections and having access to all information, as appropriate, kept by the University relevant to that occupational health and safety issue;

2.3.3

review the University Occupational Health and Safety Policy, Occupational Health and Safety Programs and the University's OH&S consultative structure; and

2.3.4

make recommendations to the Vice-Chancellor on any matters relating to occupational health and safety.

3.0

Membership

3.1

The Committee shall comprise:

3.1.1

Seven employee representatives, being

(i)

two members of the Academic Staff of the University;

(ii)

four members of the Non-Academic Staff of the University; and

(iii)

one member of the University Staff at the Ourimbah Campus of the University

elected by the relevant workgroups in a ballot conducted by the University Secretary in accordance with the provisions of the Council Election Rules.

3.1.2

Up to seven employer representatives, nominated by the Vice-Chancellor and including, as far as practicable, persons with authority to implement preventative measures and otherwise act on behalf of the University in matters associated with occupational health and safety.

3.2

A member of the Committee ceases to be a member if he or she:

3.2.1

resigns from the Committee;

3.2.2

takes leave from the University for longer than nine months;

3.2.3

ceases to be employed at the University;

3.2.4

does not undertake accredited training within three months, or complete it within nine months, of taking a position on the Committee ;

3.2.5

fails to undertake refresher training in the event of significant changes to the Act or Regulations; or

3.2.6

fails to attend three consecutive meetings.

3.3

If an elected member ceases to be a member under the provisions of section 3.2, the member’s position on the Committee will be declared vacant, and the member will not be eligible for re-election to the Committee until the member’s term would normally have expired.

3.4

If an employer representative ceases to be a member under the provisions of section 3.2, the Vice-Chancellor will be informed of the circumstances and will be requested to appoint another representative in place of the member in question.

3.5

The University will ensure that accredited training is offered in April, May or June of each year, unless all members of the Committee are already trained.  The University will consult with those members who require training before determining the timing of the training.

3.6

In the event of significant change to the Act or Regulations, the University will arrange one or more refresher courses to ensure members understand the legislation in its current form.

3.7

The University will maintain a record of which members have completed the accredited training and, in the event of significant change to the Act or Regulations, refresher training.  The Chair will refer to this record in determining the status of any member in accordance with the provisions of 3.2.4 or 3.2.5 of the Constitution.

4.0

Terms of Office

4.1

The term of office of employee representatives shall be up to two years, expiring on the last day of March in the relevant anniversary year.

4.2

Employee representatives may, if eligible, be re-elected for further terms.

4.3

A casual vacancy in the employer representative category will be filled by a nominee of the Vice-Chancellor.

4.4

Where an employee representative vacates office, or proceeds on leave of absence from the University for a period exceeding nine months, the casual vacancy created will be filled as follows:

4.4.1

where there was more than one candidate in the election to fill the original vacancy, the unsuccessful candidate with the highest number of votes will be appointed;

4.4.2

where there was no other candidate in the election to fill the original vacancy, the University Secretary will conduct another ballot.

4.5

A member who is appointed to fill a casual vacancy will serve for the remainder of the term of the former member.

5.0

Chair and Deputy Chair of the Committee

5.1

The Chair and Deputy Chair of the Committee shall be employee representatives elected by all members of the Committee.

5.2

The Chair and Deputy Chair shall be elected at the meeting following the last day of March in each year. If either posiiton falls vacant, an election will be held at the next meeting and the subsequent office-holder will serve for the remainder of the term of the former office-holder.

5.3

The term of office of the Chair and Deputy Chair shall be up to one year. Where the term of office of the member elected as Chair or Deputy Chair is less than the one year, the term of office of the Chair or Deputy Chair will conclude on the date that the member's membership ends.

5.4

The person holding the position of Chair or Deputy Chair may only hold that office for two consecutive years unless no other person is prepared to take the position.

5.5

At any meeting where the Chair is unable to be present, the Deputy Chair shall chair the meeting.

6.0

Rights of Attendance

6.1

The Committee may invite such other number and categories of persons to attend a specified part of a meeting, or entire meetings with rights of audience and debate, as it may think appropriate to facilitate its work.

6.2

Subject to the requirements of confidentiality in matters which may relate to prosecution of the University under the Act, meetings of the Committee shall be open to any employee of the University as an observer.

7.0

Sub-Committees

7.1

The Committee may establish and maintain such sub-committees as it deems necessary for the effective transaction of the business of the Committee.

7.2

Each sub-committee shall, wherever possible, be chaired by a member of the Committee.

7.3

A sub-committee shall report as required to the Committee via its minutes.

8.0

Other OH&S Consultative Committees

8.1

Besides the Committee, the University will establish OHS Committees at Faculty and Divisional level and OHS workgroups or representatives at workplace level to provide a University wide consultative framework.

8.2

The Committee shall have responsibility for reviewing and evaluating the consultative arrangements every two years. A review may also be undertaken if a majority of employees in a workgroup request it or if there is a significant change in the composition of the workgroup that is not reflected in the existing arrangements.

8.3

The Committee shall have responsibility for reviewing the Terms of Reference for each of the committees, groups or representatives at each level of the consultative framework.

8.4

The Faculty/Divisional OHS Committees will report to the Committee by way of their minutes.

9.0

Mode of Operation

9.1

The Committee shall meet as frequently as necessary but at least once every two months.

9.2

Decisions relating to Occupational Health and Safety (OHS) matters, including the University’s Policy and Program, will be made through the process of consultation to reach a consensus decision. An appropriate recommendation will then be forwarded to the Vice-Chancellor.

9.3

Decisions relating to procedural matters concerning the operation of the Committee will be made by consensual agreement of the Committee. If consensus is not achieved, and members of the Committee are prepared to pursue the issue, the Chair will discuss the matter with the Vice-Chancellor in an attempt to reach a resolution. In the event that a matter cannot be satisfactorily resolved, the matter may be referred to the Workcover Authority of New South Wales.

9.4