Hi Renata – We have formally requested our employer to establish a Health and Safety Committee under s.72 of the OHS Act. Management advised that the company’s existing Senior Executive Group H&S Committee satisfies s.72,and proposed quarterly OHS meetings with local leadership proposed instead.
We’re concerned the existing committee is principally an executive governance/reporting body and are unclear how it satisfies the s.72 membership and HSR representation requirements.
The OHS Act is very clear about the requirements of health and safety committees (HSCs). Section 72(2) of the Act requires that at least half of the members of a health and safety committee be employees (and, so far as practicable, HSRs or deputy HSRs).
A senior executive committee is unlikely to satisfy s.72 if more than half of its members are management, and HSRs are not members (or able to be members), and if its function is executive reporting rather than the consultative and co-operative functions required by the OHS Act. You need to confirm if there are employee representatives on this Committee.
HSCs are established to facilitate cooperation between employer and employees on health and safety measures, and formulate, review and disseminate health and safety standards, rules and procedures across the company. OSCs should not simply receive reports upward to executives.
Under s.35(1)(e) your employer has a duty to consult when ‘determining the membership of any health and safety committee’. Your employer cannot unilaterally declare an existing executive body satisfies the requirement — this must be agreed through genuine consultation with workers and HSRs. Does your employer have any evidence to demonstrate when this consultation occurred?
Although the proposed site-level quarterly meetings may be useful in channelling information between head office and divisions of the company, they are not a substitute for a properly constituted HSC under s.72. Informal meetings don't carry the same legal standing, protections, or structural requirements.
We recommend that you speak with other HSRs across your organisation and with your union about the need to review the membership and process of your health and safety committee.
In terms of next steps, we advise you write to your employer stating that your request under s.72(1)(a) triggers a legal obligation to commence negotiations to establish a committee within 3 months, and that you are not confident the existing Executive Group Committee meets the membership requirements of s.72(2) or the cooperative functions of s.72(3). Request details of the existing committee — its terms of reference, membership list, when it was established and who was consulted and how it meets s.72(2) — so you can assess compliance, and request genuine consultation under s.35(1)(e) on the committee's membership and structure.
We encourage you to have a look at our Health and Safety Committees – OHS Reps page, which includes a link to the WorkSafe Representation guide, which you can refer to and share with your employer. You can also find relevant information in the WorkSafe publication Employee representation - A comprehensive guide to part 7 of the OHS Act 2004.
Please also speak with your union organiser about this situation, as I am sure they have encountered it at other organisations and can offer guidance and support in the process of establishing or renegotiating your HSC. A collective approach to this issue from multiple HSRs together with your union will strengthen your position in addressing this matter.
If you have any questions about OHS we encourage to fill out an Ask Renata query and one of our officials will get back to you shortly. Alternatively give Ask Renatabot a try!