New South Wales Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 22

22 Setting up consultation arrangements (section 15 (f) of the Act)

(1) The employer must, in accordance with section 15 (f) of the Act, consult on the procedures for consultation, that is, whether consultation is to be undertaken by means of an OHS committee, an OHS representative or other agreed arrangements, or a combination of those means.

(2) If the proposed OHS consultation arrangements provide for an OHS committee or OHS representative, the employer must consult on the following:

(a) the composition of the relevant workgroups under the arrangements,

(b) the relationship between an OHS committee and an OHS representative if both are to be provided under the arrangements,

(c) the number of employee representatives and of employer representatives on any OHS committee,

(d) the arrangements for electing any OHS representative or employee representatives on any OHS committee (including arrangements for dealing with absences, the removal of members or other casual vacancies),

(e) the arrangements for meetings of any OHS committee and meetings between the employer and any OHS representative (including the frequency of ordinary meetings and the calling of special meetings),

(f) the procedures for any such meeting (including whether meetings may be held by electronic communication or the circulation of papers),

(g) the arrangements for communications between the persons elected by the employees in a workgroup and those employees (including procedures for enabling the employees in the workgroup to raise issues and make complaints about occupational health and safety matters),

(h) the arrangements for the training of members of any OHS committee or any OHS representative,

(i) the relationship between representatives of the workgroup of an employer and the representatives of the workgroup of another employer.

(3) If the proposed OHS consultation arrangements provide for other agreed arrangements, the employer must consult on arrangements with respect to meetings with the employer, communication with the employees, the functions and training of the persons involved, the procedures for resolving occupational health and safety issues, the role of any relevant industrial organisation of employees and other relevant matters.

(4) OHS consultation arrangements are to be reviewed as occasion requires. Consultation on new arrangements is to be undertaken if a majority of the employees in the workgroup so request or if there has been a significant change in the composition of the workgroup that is not reflected in the existing arrangements.

(5) A Federal or State industrial organisation of employees may represent, for the purposes of consultation on OHS consultative arrangements, any of those employees who request the organisation to represent them.