OH&S Committee - Do I need one in every state?

[Brookfies]

I am new to OH&S and have just learned that it is part of my responsibilities. I am aware that OH&S legislation currently differs by state, however I wonder if this means if I need to have a distinct OH&S committee in every state, or if I am I able to set up a national committee?

Many thanks!

[SuzanneC]

I'd be keen to know this as well. We have our head office in Sydney, an office in melbourne and remote workers in Tas, SA and Qld. I have a blanket policy to cover all, with the addition of special conditiosn for remote workers.

thanks
Suzanne

[belinda]

I would of thought that unless the sites are small in size you would have a committee for each site. The Committee discusses issues relevant to that site.

You could then ensure that it all comes back to you or you sit on each of the committees meetings.

I worked for a hotel group and looked after 5 different hotels. I sat and ran each sites meetings. I then had to report back to Head Office (in Sydney) on the states progress via end of month reports. This was then presented to the Board of Directors.

[HRIMHO]

Can't say I know 100%, but it would normally depend how you structure your Designated Work Groups (DWG's). There are probably some guidelines around how you do structure this, however some considerations include nature of the work (can be same across states), type of office environment (corp. buildings are generally pretty similar I'd think) and number of people in that work group.

As long as each employee was covered through an accountable structure and part of a DWG somewhere along the line, it's possibly OK. But if you set up a completely inappropriate DWG (i.e. manufacturing workers in QLD in the same group as office workers in NSW) then you might leave yourself open to consequences.

[ISH]

Originally Posted by Brookfies

I am new to OH&S and have just learned that it is part of my responsibilities. I am aware that OH&S legislation currently differs by state, however I wonder if this means if I need to have a distinct OH&S committee in every state, or if I am I able to set up a national committee?

Many thanks!

I have pasted in the relevant part of the OHS Act 1991. Short answer is yes you do at each site that has more than 50 people. Arguably, you are not doing everything reasonably possible to ensure a robust OHSMS in relation to committee’s if you don’t have one even if you are fewer than 50 people.
The relevant state legislations vary as you have alluded to so follow them. It is important to note at this time, that the proposed OHS Act 2009 (Harmonisation) that is available for public comment at this time and due for release in 2011 aims to essentially consolidate all the states so they are eventually singing of the one sheet. Hope this helps, current OHS Act 1991 Div 2 OHS Committee’s provided.
The Occupational Health and Safety Act 1991 outlines the following:

Division 2—Health and safety committees

34 Health and safety committees
(1) An employer must, by written instrument, establish a health and safety committee in respect of the employer’s employees if the number of the employer’s employees is normally not less than 50.
(2) An employer must also, by written instrument, establish a health and safety committee in respect of the employer’s employees in a particular workplace if:
(a) the number of the employer’s employees in the workplace is normally not less than 50; and
(b) either:
(i) a health and safety representative of a designated work group comprising employees performing work for the employer in the workplace gives a written request to the employer asking the employer to establish such a committee; or
(ii) a majority of the employees in the workplace give a written request to the employer asking the employer to establish such a committee.
(3) Subject to subsection (4), a health and safety committee established under subsection (1) or (2) is to be constituted and to operate in accordance with the health and safety management arrangements applying to the employer’s employees.
Note: Subparagraph 16(2)(d)(vi) requires health and safety management arrangements to provide for the manner in which the health and safety committee is to be constituted and to operate.
(4) The number of members of a health and safety committee chosen by the employer to represent the interests of the employer must not exceed the number of members chosen by the employees to represent the interests of the employees.
(5) Nothing in this section prevents an employer from establishing, in consultation with its employees or any other persons, by written instrument:
(a) subcommittees of a health and safety committee; or
(b) committees concerned with occupational health and safety in relation to undertakings carried on by the employer; or
(c) other committees concerned, in whole or in part, with occupational health and safety.
(6) An instrument establishing a health and safety committee under subsection (1) or (2), or a subcommittee or other committee under subsection (5), is not a legislative instrument.
35 Functions of health and safety committees
(1) A health and safety committee in respect of an employer’s employees has the following functions:
(a) to assist the employer:
(i) to develop and implement measures designed to protect; and
(ii) to review and update measures used to protect;
the health and safety at work of the employees;
(b) to facilitate co operation between the employer and the employees in relation to occupational health and safety matters;
(c) to assist the employer to disseminate among the employees, in appropriate languages, information relating to health and safety at work;
(d) such functions as are prescribed;
(e) such other functions as are agreed upon between the employer and the health and safety committee.
(2) A health and safety committee has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions.
(3) Nothing in this Act is to be read as:
(a) imposing an obligation on a person to do any act, because the person is a member of a health and safety committee, in connection with the performance of a function conferred on the committee; or
(b) rendering such a person liable in civil proceedings because of:
(i) a failure to do such an act; or
(ii) the manner in which such an act was done.
36 Duties of employers in relation to health and safety committees
(1) Where there is a health and safety committee in respect of employees of an employer, the employer must:
(a) subject to subsections (2) and (3), make available to the committee any information possessed by the employer relating to risks to the health and safety of employees:
(i) at any workplace under the employer’s control; or
(ii) arising from the conduct by the employer of an undertaking, or from plant or substances used for the purposes of the undertaking; and
(b) permit any member of the committee who is an employee of the employer to take such time off work, without loss of remuneration or other entitlements, as is necessary for the member adequately to participate in the performance by the committee of its functions.
(2) An employer must not make available to a health and safety committee information of a confidential medical nature relating to a person who is or was an employee of the employer, unless:
(a) the person has delivered to the employer an authority permitting the information to be made available to the committee; or
(b) the information is in a form that does not identify the person or enable the identity of the person to be discovered.
(3) An employer is not required to make available to a health and safety committee any information in respect of which the employer is entitled to claim, and does claim, legal professional privilege.
 

[arowe]

My advice is to check each State or Territory OHS Act, as they differ. My understanding is this for each state:

SA
In South Australia, the Occupational Health Safety & Welfare Act 1986 provides for the
election of Health and Safety Representatives (HSRs) and the formation of Health and Safety
Committees. There is no legal requirement to have HSRs unless requested by an employee
of the organisation. However, an employer must establish a health and safety committee within
two months of the request of a HSR, or a prescribed number of employees (currently 5), or a
majority of the employees at any workplace.

Vic
In Victoria, the OHS Act 2004 provides for the election of Health and Safety Representatives
(HSRs) and the formation of Health and Safety Committees.
There is no legal requirement to have HSRs or Committees unless requested by your workers.
You are required to consult with your employees about how consultation will occur in the workplace.

NSW
The OHS Act 2000 provides for consultation to take place through safety committees, safety
representatives or by other agreed arrangements between the employer and employee.
Whilst there is no legal requirement to have safety representatives or Committees unless
requested by your workers a safety committee is required to be established if a workplace has
more than 20 employees and a majority of those employees request a committee. A safety
representative must be elected if at least one employee at the workplace requests the election of
a safety representative.
You are required to consult with employees on how consultation will occur in the workplace.

QLD
The Workplace Health and Safety Act 1995 (the Act) provides for the election of Workplace Health
and Safety Representatives (WHSRs) and WHSRs are entitled to request the establishment of a
WHS committee for the workplace. The employer may be directed by the regulator to establish
a committee.


This information is available from Australian Industry Group, so if you are member, have a look there, otherwise I'm sure that there are other groups that can assist you further.

[Brookfies]

Wow, thank you so much for all your comprehensive replies! I checked to see if there was a response a couple of days later, but didn't realise that there had been subsequent responses until now (so please accept my belated thanks). In particular, your summary by state is great arowe

Our OH&S Auditor (for our current certification) has advised that a national committee will be fine. However, you raise some interesting legislative points here that I also need to be aware of (ie - need a state committee if members request it, etc).

So thanks again!