New South Wales Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 27

27 Related obligations of employer with respect to duty to consult

(1) An employer has the following obligations in connection with OHS consultation arrangements of the employer:

(a) to record those arrangements,

(b) to publicise those arrangements among existing and new employees to whom they relate,

(c) to provide members of OHS committees or OHS representatives with reasonable access to the employees they represent during working hours for the purposes of communication,

(d) to provide reasonable facilities, and access during working hours to the workplace, for the purposes of OHS consultation arrangements (including for the purposes of conducting or holding elections, meetings and inspections),

(e) to ensure that employer representatives on an OHS committee participate in the work of the committee on a regular basis,

(f) to ensure that employees participating in consultation (and in training for consultation) in accordance with OHS consultation arrangements are paid as if they were engaged in the duties of their employment (whether they participate as representatives of employees or of the employer),

(g) to pay the costs reasonably and necessarily incurred by employees in connection with their participation in that consultation or training,

(h) to facilitate the OHS consultation arrangements of another employer where employees of that other employer are working at the employer’s place of work.

(2) An employer who fails to comply with an obligation under this clause is guilty of an offence.

Maximum penalty: Level 3.

(3) This clause does not affect the duty of an employer to consult under section 13 of the Act and the maximum penalty provided for contravening that section.