Once your business grows past 20 employees, the Occupational Health and Safety Act requires you to have health and safety representatives, and once you have two or more, a health and safety committee. This guide explains when you need them, how many, how they are chosen and what they actually do.
When do you need a health and safety representative?
Under Section 17 of the OHS Act, every employer with more than 20 employees at a workplace must designate health and safety representatives for that workplace. The minimum number depends on the type of workplace:
| Type of workplace | Minimum number of reps | Example |
|---|---|---|
| Shops and offices | 1 for every 100 employees or part of 100 | 21–100 employees = 1 rep; 101–200 = 2 reps |
| All other workplaces | 1 for every 50 employees or part of 50 | 21–50 employees = 1 rep; 51–100 = 2 reps |
An inspector can require more representatives where the layout or nature of the workplace makes it necessary. Remember to count temporary and seasonal workers.
How are representatives chosen?
- They must be full-time employees who know the conditions and activities in the area they will represent.
- They are nominated or elected by their co-workers, not simply picked by management.
- Before designating them, the employer must consult with the registered trade union(s) or, if there is none, with the employees, and agree on how reps are nominated or elected, their term of office, how vacancies are filled, and the facilities, training and assistance they will get. This is covered by the General Administrative Regulations.
- The designation is recorded in writing and kept in the safety file.
What does a health and safety representative do?
Section 18 of the Act gives representatives the right to, among other things:
- review how effective the health and safety measures are;
- identify potential hazards and potential major incidents;
- examine the causes of incidents together with the employer;
- inspect the workplace, usually monthly, using an inspection checklist;
- make representations to the employer, the committee or, if needed, an inspector;
- inspect health and safety documents, and accompany inspectors on their visits;
- attend committee meetings and take part in internal health and safety audits.
The employer must give representatives the facilities, assistance and training they need. Training must happen during normal working hours.
The health and safety committee
Under Section 19, where two or more representatives have been designated, the employer must establish one or more health and safety committees. The committee:
- includes all the representatives, plus members nominated by the employer (the employer’s members may not outnumber the representatives);
- must meet at least once every three months, and keep minutes;
- makes recommendations to the employer on health and safety matters;
- discusses every incident in which someone was injured, became ill or died, and reviews the incident records.
Documents to keep in your safety file
- Record of the consultation and agreement on how reps are chosen
- Written designation of each representative
- Training certificates for representatives
- Monthly inspection checklists and reports
- Committee agendas, minutes and attendance registers
Train your reps and set up the committee properly. Anavah offers QCTO-accredited health and safety representative training at your premises. Our Office & Small Business Safety File includes the health and safety rep appointment, inspection checklists and registers.
Frequently asked questions
Do I need a health and safety representative with 20 employees?
No. The requirement in Section 17 applies to employers with more than 20 employees at a workplace, so from 21 employees.
Can a manager be a health and safety representative?
Representatives must be full-time employees who are nominated or elected by co-workers. Managers usually sit on the committee as the employer’s nominees rather than serving as reps.
How often must the health and safety committee meet?
At least once every three months, and more often if needed. Minutes must be kept.
Is a health and safety representative personally liable for incidents?
No. A representative is not civilly liable just because they failed to do something they may do as a representative. Responsibility stays with the employer.
Do representatives need training?
Yes. The employer must provide the training reps need to perform their functions, during normal working hours.
