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OCCUPATIONAL HEALTH & SAFETY LEGISLATION
Occupational Health & Safety Committees

The following is an Extract from the NSW Occupational Health and Safety Act 2000.

INDEX
Section 17 -   Establishment of OHS Committees, election of OHS Representatives or Other Agreed Arrangements
Section 18 -   Functions of OHS Committees and OHS Representatives
Section 19 -   Regulations with Respect to Consultation
Section 69 -   Power of Employees' Representative to Accompany Inspector
Section 137 - Disclosure of Information by Inspectors and Others

Section 17: Establishment of OHS committees, election of OHS representatives or other agreed arrangements

(1) OHS committees
An OHS committee is to be established for the purposes of consultation under this Division if the employer employs 20 or more persons in the employer's undertaking and a majority of those employees request the establishment of the committee or if WorkCover so directs. More than one committee is to be established if a majority of those employees request their establishment and the employer agrees or if WorkCover so directs.

(2) OHS representatives
An OHS representative is to be elected for the purposes of consultation under this Division if at least one of the persons employed by the employer requests the election of the representative or if WorkCover so directs. The employees may elect more than one OHS representative if the employer agrees or if WorkCover so directs.

(3) Other agreed arrangements
Other agreed arrangements for consultation with employees are to be made in accordance with any requirements of the regulations. A Federal or State industrial organisation of employees may represent, for the purposes of consultation under the agreed arrangements, any of those employees who request the organisation to represent them.

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

(5) An OHS representative may also be appointed to an OHS committee.

Section 18: 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 regulations.

Note: See section 69 for power of employees' representative to accompany an inspector on an inspection of a place of work. See section 137 for offence of unauthorised disclosure of confidential information by any member of a committee or representative.

Section 19: Regulations with respect to consultation

The regulations may make further provisions with respect to consultation under this Division and, in particular, for or with respect to:

(a) negotiations between employers and employees (or persons acting on their behalf) with respect to consultation arrangements, and
(b) the establishment, composition, procedure and functions of OHS committees, and
(c) the election and functions of OHS representatives, and
(d) the powers of members of OHS committees and of OHS representatives with respect to inspections of the place of work and the obtaining of information relating to the place of work and other things in relation to the place of work, and
(e) the training of members of OHS committees and of OHS representatives.

 

Section 69: Power of employees' representative to accompany inspector

An inspector who is proposing to undertake an inspection of a place of work with respect to a matter that may affect the health, safety or welfare of employees at the place of work:

(a) must, to the extent that it is practicable, consult a representative of the employees or an industrial organisation of employees whose members are employed at the place of work, and
(b) must, if requested to do so by the representative, take the representative on any such inspection.

 

Section 137: Disclosure of information by inspectors and others

(1) A person who is, or was at any time, an authorised official exercising functions under this Act must not disclose any information relating to any manufacturing or commercial secrets or working processes that was obtained by the authorised official in connection with the administration or execution of this Act (including the exercise of any function under this Act).
Maximum penalty: 20 penalty units
(2) Subsection (1) does not operate to prevent the disclosure of information where that disclosure is:
  (a) made in connection with the administration or execution of this Act (including the exercise of any function under this Act), or
  (b) made with the prior permission of the Minister, or
  (c) ordered by a court, or by any other body or person authorised by law to examine witnesses, in the course of, and for the purpose of, the hearing and determination by that court, body or person of any matter or thing.
(3) The Minister may grant the permission referred to in subsection (2) (b) only if the Minister is satisfied that to do so would be in the public interest.
(4)

In this section:

  • authorised official means an inspector, an authorised representative (within the meaning of Division 3 of Part 5), a member of an OHS committee, an OHS representative or other person authorised to exercise functions under this Act or the regulations.
  • this Act includes the Occupational Health and Safety Act 1983.