Employer representatives of a WHS Committee

Weekly WHS Article 5th April 2023

Who can be a member of the HSC?

Under the NSW WHS Act 2011, a business owner or employer can establish an HSC for the whole workplace or for parts of the workplace. You can do this on your own initiative or within two months of being requested to do so by a health and safety representative (HSR), or by five or more workers. An HSC may help you to consult with the members of your staff on WHS matters.

"The membership of an HSC may be agreed between a PCBU and the workers at the workplace. At least half of the members of the HSC must be workers who have not been nominated by the PCBU.

Unless they do not wish to participate, HSRs are automatically a member of the relevant HSC. If there is more than one HSR at the workplace, the HSRs may agree among themselves as to who will be on the HSC. They may agree to have more than one HSR join the HSC."

"Representatives of the PCBU should be drawn from senior managers, managers, supervisors, safety officers, technical experts and personnel officers. This ensures that the committee is provided with the necessary level of decision making, knowledge and expertise regarding company policy, production needs and technical matters concerning premises, processes, plant, machinery and equipment, and systems of work.

Where specialist health and safety personnel are not members of the committee, the HSC may consider co-opting them in an advisory capacity." (See Ref 1)

What do the members of the HSC do?

The members of the HSC meet and work on WHS matters and issues that align with the expressed functions of a health and safety committee which are:

• facilitate co-operation between the person conducting a business or undertaking and workers in instigating, developing and carrying out measures designed to ensure health and safety at work, and

• assist in developing standards, rules and procedures relating to health and safety that are to be followed or complied with at the workplace, and

• satisfy any other functions prescribed by the regulations or agreed between the PCBU and the Health and Safety Committee. (see Ref 2) As of 2024 there are no other HSC-specific functions stated in the WHS Regulation. (See Ref 3.)

What should committee representatives of the PCBU do?

"Representatives of the PCBU on the HSC should be persons involved at senior management levels in the organisation who are able to make decisions about health and safety.

Being generally members of the leadership team, employer representatives must report back to senior management on outcomes of committee meetings and matters that senior management have asked to be tabled at the meeting, such as proposals for controls for risks that cannot be eliminated, or other WHS matters that need consultation with the workforce. The HSC addresses the health and safety of the workplace as a whole, therefore the matters to be discussed and coordinated can be many.

As a business owner or company director, a health and safety committee can make your duty to consult on WHS matters more productive and strengthen your management of health and safety in your business.

For more information on WHS training or WHS compliance services, or if you would like help to make your WHS management system even more robust, please feel free to contact us at train@courtenell.com.au or phone us on 02 9552 2066.

Reference

Ref 1. Safe Work Australia, Worker Representation and Participation Guide, page 27

Ref 2. Section 77, WHS Act NSW

Ref 3. Section 47 and 48 WHS Act NSW

5th April 2023

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