WORK HEALTH AND SAFETY ACT 2011 - SECT 76
Constitution of committee
WORK HEALTH AND SAFETY ACT 2011 - SECT 76
Constitution of committee
76 Constitution of committee
(1) Subject to subsections (2) to (4) , the constitution of a health and
safety committee may be agreed between the person conducting the business or
undertaking and the workers at the workplace.
(2) The membership of the
committee must include—
(a) if there is a health and safety representative
at a workplace and the representative consents to being a member—the
representative; and
(b) if there is a work health and safety officer at the
workplace—the officer.
(3) If there are 2 or more health and safety
representatives at a workplace, those representatives may choose 1 or more of
their number (who consent) to be members of the committee.
(4) At least half
of the members of the committee must be workers who are not nominated by the
person conducting the business or undertaking.
(5) If agreement is not
reached under this section within a reasonable time, any party may ask the
regulator to appoint an inspector to decide the matter.
(6) An inspector
appointed on a request under subsection (5) may decide the constitution of the
health and safety committee or that the committee should not be established.
(7) A decision of an inspector under this section is taken to be an agreement
under this section between the parties.