CEPU Logo Occupational Health & Safety Resource Kit.
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Safety Reps & Committees can be elected by all workers
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Safety Reps & Committees can be elected by all workers
The NSW Occupational Health & Safety Act guarantees that consultation between employers and workers must be undertaken when:
  • employers are changing systems of work or work practices or introducing new equipment or chemicals into a workplace
  • decisions about health and safety issues are made
  • identifying and assessing risks in the workplace
  • decisions are made about the appropriateness of facilities for the welfare of employees.

Under the law, introduced in 2000 to replace the old 1983 legislation, the union can represent workers to set up the best consultation structure for the workplace. Very specifically the law states that the employees can request a federal or state union to represent them in negotiating the consultative arrangements. (Clause 22 (3) (5))

The employer must also consult with employees after an injury or accident occurs, to discuss why OH&S measures failed and to identify any changes needed to ensure a similar accident or injury doesn't happen again.

You haven't got a leg to stand on
Under the safety laws (see Clause 24 of the OH&S Regulation), workplaces with over 20 employees can have an Occupational Health and Safety Committee and if the employees ask, the CEPU must be involved. The employer can not exclude the nominated trade union.

Consultation between employees and employers must occur. Employees must be able to have a say in any decisions about their health and safety (OH&S Act Section 13). This means the sharing of relevant information with the worker reps. Under the Regulation employers must ensure that various safety publications are made available to employees, as soon as practicable after being requested.
The employer must talk with the employees and take on board any issues, concerns and/or suggestions raised in relation to health and safety (OH&S Act Section 14).

The procedures for electing a safety and health representative are outlined in Clause 25 of the OH&S Regulation. In the election process the OH&S representative must be elected by and from the employees in the relevant workgroup the person represents. This process and other requirements are further explained by the Regulation under clause 25. The make-up of the workgroups is not to be determined by the employer.
Occupational Health and Safety Committees must be established if the majority of employees in the workplace request a Committee.


Under the Safety Laws (see Clause 24 of the OHS Regulation), workplaces with over 20 employees can have an OH&S Committee. The requirements are:
  1. The employees in that workplace must elect their own employee representatives on the Committee.
  2. There must be an election held to elect employee reps for the committee
  3. Your union can conduct the election, if the majority of employees request them to conduct the election.
  4. The number of employer reps on a committee must not outnumber the employee reps.
  5. The chairperson of the committee must not be an employer representative.
  6. The term for employee representatives on a committee is two (2) years; a person may stand for re-election.

Occupational Health and Safety Committees must be established if the majority of employees in the workplace request a Committee.

The employers' responsibilities
The Act encourages employers to work with safety and health representatives and sets out duties for employers.

Employers must sit down with the employees and their unions on the following matters:
  • what consultation arrangements they want to have in place for that workplace