Health and safety committees
38 Health and safety committees
A health and safety committee must be established in relation to the members of the workforce at a facility if—
the number of members normally present at the facility is not less than 50, whether or not the members are all at work at the facility at the same time; and
the members of the workforce are included in 1 or more designated work groups; and
the operator is requested to establish the committee by the health and safety representative for the designated work group or for 1 of the designated work groups.
The health and safety committee consists of—
the number of members stated in an agreement reached between the operator and the members of the workforce; or
if there is no such agreement, an equal number of—
members chosen by the members of the workforce to represent the interests of members of the workforce; and
members chosen by the operator to represent the interests of the operator and the employer, other than the operator, of members of the workforce.
The agreement mentioned in subsection (2)(a) may—
state the persons who are to be members to represent the interests of the operator and employers, other than the operator, of members of the workforce; and
provide for the way in which persons who are to be members to represent the interests of members of the workforce are to be chosen.
If a regulation made for the purposes of this section provides for procedures for selecting persons as members of health and safety committees to represent the interests of members of the workforce, an agreement mentioned in subsection (2)(a) must not provide for members to be chosen in a way that is inconsistent with the regulation.
A health and safety committee must hold a meeting at least once every 3 months.
The procedure at meetings of a health and safety committee must, except to the extent provided for under the regulations, be the procedure agreed to by the committee.
A health and safety committee must cause minutes of its meetings to be kept, and must retain those minutes for a period of not less than 3 years.
This section does not prevent an operator establishing, in consultation with registered unions or other persons, committees concerned with occupational health and safety in relation to undertakings carried on by the operator.
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