"Any other functions" of a Health and Safety Committee must be consistent with consultation requirements of the WHS Act
Weekly WHS Article 8th March 2023
For some businesses, government bodies, and other organisations, a health and safety committee (HSC) may be a valuable resource to help the business consult with the workforce on matters of health and safety.
In larger businesses, government bodies, and other organisations, a health and safety committee may help facilitate discussions between management and HSRs and to help HSRs coordinate with each other. A health and safety committee consists of representatives of the business and representatives for the workers. This can include managers, HR personnel, technical specialists, and Health and Safety Representatives.
Functions of a Health & Safety Committee
The functions of a health and safety committee are described in Section 77a and 77b of the WHS Act. Its role is to help with
“… instigating, developing and carrying out measures designed to ensure the worker’s health and safety” and “… to assist in developing standards, rules and procedures relating to health and safety that are to be followed or complied with at the workplace.”
In addition to the above, Section 77c also states that a health and safety committee can be involved in
“…any other functions prescribed by the regulations or agreed between the person conducting the business or undertaking and the committee.”
As of 2024 there are no "other functions” (duties) prescribed specifically for WHS committees in the WHS Regulation 2017.
What “other functions” can an HSC be involved in that also complies with the requirements of the WHS Act?
Per Section 77c, Section 47(3) and Section 48 of the WHS Act, a health and safety committee may help the PCBU to consult with the workforce on WHS matters. The PCBU should already have consultation arrangements in place, whether formal or informal. An HSC may assist further.
Section 47 of the WHS Act says:
“(2) If the person conducting the business or undertaking and the workers have agreed to procedures for consultation, the consultation must be in accordance with those procedures.
(3) The agreed procedures must not be inconsistent with section 48.”
Section 48 of the WHS Act describes how a PCBU must consult on health and safety matters. A health and safety committee may be able to help with that. Any actions of the committee to help the PCBU consult on health and safety matters would need to be “…agreed between the person conducting the business or undertaking and the committee.”
Misunderstandings of the Law can sometimes lead to a health and safety committee being repurposed for activities and responsibilities that do not belong to a HSC but belong to specific duty holders. The WHS Act states that WHS duties are not transferrable nor sub-contractable (Ref. Sections 14 and 272.)
A health and safety committee has no "operational" functions nor any “authority.” Operational responsibilities for a business fall on the leadership team including the supervisors and managers of the business, as covered in Part 2 of the WHS Act, “Health and Safety Duties.” It is the supervisors and managers who oversee and supervise day-to-day operations which includes ensuring staff follow rules and safety protocols. Supervisors and managers are on the job - every hour of every day. Company directors, CEOs, and business owners must ensure this is happening and that the company maintains a successful Management system.
A Health & Safety Committee that is committed and functioning effectively as a team can be a source of significant contributions that help a business achieve a safe and healthy workplace.
8 March 2023 (Revised 19 July 2024)
Copyright © 2023 2024 Courtenell Pty Ltd. All rights reserved.