New South Wales Consolidated Acts

OCCUPATIONAL HEALTH AND SAFETY ACT 2000 - SECT 17

17 Establishment of OHS committees, election of OHS representatives and 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.

(6) In the case of a coal workplace, a site check inspector and the electrical check inspector (within the meaning of the Coal Mine Health and Safety Act 2002 ) for that workplace must be members of any OHS committee for that workplace.

Note: The Coal Mine Health and Safety Act 2002 makes provision for the election or appointment of certain people to carry out inspections and perform other functions on behalf of people who work at a coal workplace.

(7) In the case of a place of work that is a mine within the meaning of the Mine Health and Safety Act 2004 , a site check inspector (within the meaning of that Act) for the mine must be a member of any OHS committee for that place of work.

Note: The Mine Health and Safety Act 2004 makes provision for the election or appointment of certain persons to carry out inspections and perform other functions on behalf of persons who work at mines within the meaning of that Act.