NSW Work Health & Safety Act. Module 9: H&S Committees Roles and Functions

Transcription

1 NSW Work Health & Safety Act Module 9: H&S Committees Roles and Functions 1

2 About this Module Purpose: To outline the requirement for establishing H&S Committees, their roles and functions and how this differs from existing requirements Target Audience Structure PCBU, Officers, Middle Managers, HSRs, WHS Coordinators One presentation Duration Prerequisite Modules Customisation Resources 15 mins: with optional slides 25mins Consultation Health & Safety Representatives Optional module only for medium to large businesses COP How to Consult on Work Health And Safety 2

3 Learning Outcomes The 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

4 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? 4

5 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

6 OHS Act 2000 Committee Functions Review measures taken to ensure health, safety & welfare Investigate matters that may be a risk to health & safety Attempt to resolve any matter but, if unable to do so request investigation by an inspector 6

7 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 7

8 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 8

9 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 9

10 What WHS Act says about Committees: FUNCTION OF THE HEALTH & SAFETY COMMITTEE: Facilitate co-operation between PCBU & workers to instigate, develop & carry out WHS measures Assist develop health & safety standards, rules and procedures to be complied with at the workplace Perform such functions as prescribed by the Regulation or agreed between PCBU and Committee 10

11 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

12 What WHS Act says about Committees: HSRs can choose to be member of the Committee If 2 or more HSRs, they choose one or more to be members of Committee At least half the members must be workers NOT nominated by a PCBU Either party can request an Inspector to decide on establishment & make-up of Committee, if agreement not reached Constitution to be agreed by PCBU and workers but must meet at least every 3 months 12

13 What WHS Regulation says about Committees : The WHS Regulation does not deal with COMMITTEES 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 1 3

14 What is different from current arrangements? SIGNIFICANT CHANGES Changes the focus of the functions of the Committee Removes mandatory requirement for all members of Committee to undertake prescribed training Silent on some administrative details like who should be chair, the status of the management rep, elections Membership may be broadened to include all workgroups Much about Committees is very similar to existing provisions 14

15 What do you have to do? If you have a committee that works 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 5

16 What do you have to do? If you don t have a committee or if it is ineffective 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 1 6

17 Assessment questions 1. 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? 17

18 Continued 18