Safety Matters - Rail, Tram and Bus Union of NSW

NSW OHS Act and Consultation
The NSW OHS Act 2000 was introduced as a result of the
recommendations made in the Report on the Inquiry into Workplace
Safety conducted by the Standing Committee on Law & Justice, which
included the McCallum Report (Final Report of the Panel of Review of the
Occupational Health and Safety Act, 1983).
The committee’s report included a recommendation that the ‘Occupational
Health and Safety Act 1983 be amended to require employers to consult
with their employees at all stages of the planning and implementation of a
systematic approach to the management of occupational health and safety’.
SECTION TWO
Safety Matters A Guide for Workplace OHS Representatives
There was also a recommendation to look at new mechanisms to develop and
improve consultation in the workplace.
This requirement for consultation is reflected by object (d) of the NSW OHS
Act 2000:
‘to provide for consultation and cooperation between employers and
employeesin achieving the objects of this Act.’
The legal requirements for consultation in NSW workplaces are provided in the
following legislation:
NSW OHS Act 2000, Part 2, Division 2, Section 13 – 19
OHS Regulation 2001, Chapter 3 – Workplace Consultation, Clause 21 – 32
The Act provides choices on how consultation can occur. Workplaces may
choose to establish one or more of the following:
• OHS Committee or Committees
• OHS Representative or Representatives Elected by Employees
• Other Agreed Arrangements between Employer and Employees
The Regulation provides more detailed requirements to support the Act. Both
the Act and the Regulation are law and must be followed however, there is
sufficient scope for each workplace and OHS committee/OHS representative
to develop their own systems and procedures. For example, while the Act
states that an election must be held for employee representatives, the method
of voting can be decided by the workplace. The Act and Regulation provide
some information about the functions of the committee however, the committee
can establish their own constitution to deal with day-to-day operations and
administration.
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Monitoring OHS Programs and Procedures
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RAIL
TRAM AND BUS
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