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Contents (2011 - 10)
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Work Health and Safety Act 2011 No 10
Current version for 7 July 2017 to date (accessed 17 October 2017 at 19:02)
Part 5 Division 4
Division 4 Health and safety committees
75   Health and safety committees
(1)  The person conducting a business or undertaking at a workplace must establish a health and safety committee for the business or undertaking or part of the business or undertaking:
(a)  within 2 months after being requested to do so by:
(i)  a health and safety representative for a work group of workers carrying out work at that workplace, or
(ii)  5 or more workers at that workplace, or
(b)  if required by the regulations to do so, within the time prescribed by the regulations.
Maximum penalty:
(a)  in the case of an individual—$5,000, or
(b)  in the case of a body corporate—$25,000.
(2)  A person conducting a business or undertaking at a workplace may establish a health and safety committee for the workplace or part of the workplace on the person’s own initiative.
Note.
 If a health and safety committee is not required to be established, other consultation procedures can be established for a workplace—see Division 2 of this Part.
76   Constitution of committee
(1)  Subject to subsections (2)–(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)  If there is a health and safety representative at a workplace, that representative, if he or she consents, is a member of the committee.
(3)  If there are 2 or more health and safety representatives at a workplace, those representatives may choose one 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.
76A   Special provision for coal mines
The health and safety committee for a workplace that is a coal mine within the meaning of the Work Health and Safety (Mines and Petroleum Sites) Act 2013 must include:
(a)  at least 1 person who is a site safety and health representative for the coal mine, and
(b)  at least 1 person who is an electrical safety and health representative for the coal mine.
77   Functions of committee
The functions of a health and safety committee are:
(a)  to facilitate co-operation between the person conducting a business or undertaking and workers in instigating, developing and carrying out measures designed to ensure the workers’ health and safety at work, and
(b)  to assist in developing standards, rules and procedures relating to health and safety that are to be followed or complied with at the workplace, and
(c)  any other functions prescribed by the regulations or agreed between the person conducting the business or undertaking and the committee.
78   Meetings of committee
A health and safety committee must meet:
(a)  at least once every 3 months, and
(b)  at any reasonable time at the request of at least half of the members of the committee.
79   Duties of person conducting business or undertaking
(1)  The person conducting a business or undertaking must allow each member of the health and safety committee to spend the time that is reasonably necessary to attend meetings of the committee or to carry out functions as a member of the committee.
Maximum penalty:
(a)  in the case of an individual—$10,000, or
(b)  in the case of a body corporate—$50,000.
(2)  Any time that a member of a health and safety committee spends for the purposes set out in subsection (1) must be with the pay that he or she would otherwise be entitled to receive for performing his or her normal duties during that period.
(3)  The person conducting a business or undertaking must allow the health and safety committee for a workplace to have access to information that the person has relating to:
(a)  hazards (including associated risks) at the workplace, and
(b)  the health and safety of the workers at the workplace.
Maximum penalty:
(a)  in the case of an individual—$10,000, or
(b)  in the case of a body corporate—$50,000.
(4)  Despite subsection (3), the person conducting a business or undertaking must not allow the health and safety committee to have access to any personal or medical information concerning a worker without the worker’s consent unless the information is in a form that:
(a)  does not identify the worker, and
(b)  could not reasonably be expected to lead to the identification of the worker.
Maximum penalty:
(a)  in the case of an individual—$10,000, or
(b)  in the case of a body corporate—$50,000.