How many members must a health and safety committee (HSE) have, and should they hold certain positions on the committee? For example, if a company has an existing committee, do they need to have elections to fill vacant positions, or can they nominate within the existing members?
The WHS Act and Regulations do not specify how many members the health and safety committee should have, or whether members must hold certain positions.
Regarding membership of the committee, the requirements specified in the Act are that:
- health and safety representatives may choose to be members of the health and safety committee, and
- at least half of the members of the committee must be workers who are not nominated by the person conducting the business or undertaking (PCBU).
If the PCBU and the workers cannot agree about the health and safety committee in a reasonable time, either party can ask the regulator to appoint an inspector to decide on the make-up of the committee, or whether it should be established at all.
With an existing health and safety committee, whether you need elections to fill vacant positions or can nominate from within existing members is a matter that should be addressed by the committee’s constitution.
The committee’s constitution should be agreed upon between the PCBU and the workers at the workplace when the committee is established. If agreement on that is not reached within a reasonable time, any party may ask the regulator to appoint an inspector to decide the matter. An inspector may decide the constitution of the health and safety committee or that the committee should not be established.
See the Code of Practice: WHS Consultation, Co-Operation and Co-Ordination for more guidance.
