The employee should get information on the powers and functions of OHS committees, share it with the OHS Committee members and ask them to put her/his concerns on their agenda.
OHS representatives and OHS committees have the power to:
review heath and safety measures in the workplace
investigate risks to health and safety, and
resolve health and safety issues.
If the employer continues to block the recommendations of the OHS committee or if the matter cannot be resolved internally, a visit by a WorkCover inspector should be arranged.
For further information consult the WorkCover NSW publication Occupational Health and Safety consultation
Learning Topic 3 Contribute to OHS participative processes
This topic should provide you with the ability to recognise how to work ethically in the community services industry, both respecting and protecting the rights of clients. You will learn to:
Contribute to workplace meetings in a constructive manner to improve safety.
Provide assistance to workgroup members to contribute to workplace safety
Apply knowledge of roles and responsibilities of OHS representatives and OHS committees
Section 3.4 Apply knowledge of roles and responsibilities of OHS representatives and OHS committees
Functions of OHS committees
An OHS committee and representative are elected by their co-employees and have an advisory role as well as making recommendations to management on health and safety matters. The following outlines the main functions of the OHS committee and OHS representative:
identify ways to improve the OHS system and workplace
inspect the workplace
be informed of any injuries, illnesses or dangerous events and review their circumstances
analyse accident/incident statistics
consult with employees on proposed occupational health and safety changes or matters that relate to the workplace
assist to resolve health and safety matters and suggest corrective action
consult with the employer and employees
make recommendations on training.
The Act sets out the basic functions, powers, rights and duties of OHS committees and OHS representatives. The functions of committees and representatives are essentially the same:
to keep under review the measures taken to ensure the health, safety and welfare of persons at the place of work
to investigate any matter that may be a risk to health and safety at their place of work
to attempt to resolve the matter but, if unable to do so, to request an investigation by an inspector for that purpose.
Chapter 3 of the OHS Regulation creates some additional functions for committees and representatives:
to accompany an inspector on an inspection that affects the workgroup
to be an observer during any formal report by an inspector to the employer concerning the workgroup
to accompany an employee of the workgroup (if requested by the employee) during any interview by the employer regarding an OHS issue
to be an observer during any formal in-house investigation of a notifiable accident concerning the workgroup (a notifiable accident means one that has to be notified to WorkCover NSW)
to assist in the development of arrangements for recording workplace hazards and accidents
to make recommendations about the training of OHS representatives or members of OHS committees.
Once a consultative mechanism is established, the next step is to have agreed procedures for its operation. This could include procedures for:
meeting protocols
communication within the workplace
functions and roles of the employees involved
the training of employees involved in consultation
resolving OHS issues and disputes
role of the union
any other matter that may be necessary.
Activity 3.2
An employee who works at a community health centre identifies that the OHS Committee he has been elected to never achieves anything in terms of improvements to health and safety, and doesn’t seem to have any power. It appears that the recommendations that go to management are ignored.
