New South Wales Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 30

30 Additional functions of OHS committees and OHS representatives (section 18 (d) of the Act)

(1) An OHS committee and an OHS representative have the following additional functions:

(a) to make a request to accompany an inspector as an observer on an inspection under section 69 (b) of the Act that affects the workgroup that the committee or representative represents,

(b) to be an observer during any formal report by an inspector to the employer in connection with any occupational health and safety matter concerning the workgroup that the committee or representative represents,

(c) to accompany an employee of the workgroup that the committee or representative represents, at the request of the employee, during any interview by the employer on any occupational health and safety issue,

(d) to be an observer during any formal in-house investigation of an incident at the relevant place of work that is required to be notified to WorkCover, or the Department Head (Mining), under Division 4 of Part 5 of the Act,

(e) to assist in the development of arrangements for recording workplace hazards and accidents to promote improved workplace health and safety,

(f) to make recommendations on the training of members of OHS committees and of OHS representatives,

(g) to make recommendations on the training of employees in relation to occupational health and safety.

(2) An observer under subclause (1) (a), (b) or (d) must be an employee member of the OHS committee or the OHS representative and only one person may act as such an observer at any particular time.

Section 18 of the Act provides that an OHS committee or 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) the additional functions prescribed above.

"Functions" under the Act and this Regulation includes “powers” and “duties”.
Section 144 of the Mine Health and Safety Act 2004 sets out the functions of site check inspectors for a mining workplace. Section 164 of the Coal Mine Health and Safety Act 2002 sets out the functions of site check inspectors for a coal workplace.