New South Wales Consolidated Regulations New South Wales Consolidated Regulations
(1) An employer must ensure that each member of an OHS committee and each OHS representative undertakes a course of training in accordance with this clause.Maximum penalty: Level 2.
(2) The course of training must be undertaken as soon as practicable after the person is first appointed as a member of the committee or first elected as a representative (unless the person has previously undertaken an approved course of training).
(3) The course of training must be provided by:(a) a trainer who is accredited by WorkCover to provide that course of training, or(b) a registered training organisation (within the meaning of the Vocational Education and Training Act 2005 ) whose registration extends to providing a course of OHS consultation training.
(4) An application by an individual to be accredited as a trainer:(a) is to be in the form, and accompanied by the particulars, approved by WorkCover, and(b) is to be accompanied by such application fee as WorkCover determines to cover the expenses in dealing with the application.WorkCover may approve an application for accreditation (with or without conditions) or may refuse the application.Note: See clause 351 as to the review by the Administrative Decisions Tribunal of a decision by WorkCover to refuse to accredit a person as a trainer under this clause.
(5) A course of training undertaken under this clause must include all the topics of OHS consultation training listed in the Table to this clause (undertaken over the period specified in guidelines issued by WorkCover for the purpose).
(6) The trainer who provides a course of training under this clause must ensure that:(a) the training complies with the requirements of this Chapter, and(b) a statement of training is provided to each person who completes one or more topics of OHS consultation training and a copy of the statement is provided to the employer, and(c) the trainer makes a record of the training provided and retains the record for at least 6 years.The statement of training must be in a form approved by WorkCover and record the topics of OHS consultation training completed, the date of completion and other particulars required by the approved form.Maximum penalty: Level 2.
(7) An employer must keep a record of the training undertaken by a person under this clause until at least 3 years after the person ceases to be an employee of, or associated with, the employer.Maximum penalty (subclause (7)): Level 2.
(8) This clause does not apply to a person who is a member of an OHS committee by virtue of being a site check inspector in relation to a coal workplace.Note: Section 145 of the Mine Health and Safety Act 2004 makes provision regarding the training of site check inspectors appointed under that Act.
Table OHS consultation training topics
Topics Learning aim Topic 1 Workplace health and safety Explains the requirements for effective management of health and safety and the importance of OHS consultation Topic 2 The role of OHS consultation in the workplace Details the requirements for consultation under the Occupational Health and Safety Act 2000
Describes the mechanisms for consultation including workplace committees and OHS representativesTopic 3 Effective OHS consultation in the workplace Outlines effective communication techniques
Describes how these are essential in the consultative processTopic 4 Systematic management of health and safety Details the requirements for effective OHS Management Systems, their development, implementation, audit and review Topic 5 Action learning exercise Practical application of risk management through work based activity Topic 6 Continuous improvement of OHS systems Highlights the need for continuous improvement in OHS through consultation and provides the means for implementation, monitoring and evaluation of this process Topic 7 Summary and conclusion Summarises and concludes the course, including assessment and evaluation