On 13 June 2023, the Health and Safety at Work (Health and Safety Representatives and Committees) Amendment Act 2023 came into force.
This Amendment requires all persons conducting a business or undertaking (“PCBUs”) to:
- Initiate an election of one or more health and safety representatives if a worker requests such an election be initiated; and
- Establish a health and safety committee, as soon as practicable, if a health and safety representative or 5 or more workers at that workplace have requested a health and safety committee be established.
Previously, PCBUs with fewer than 20 workers in sectors that were not prescribed as high-risk were exempt from these requirements. A PCBU that was satisfied that its existing worker participation practices sufficiently met the requirements could also decline to establish a health and safety committee. This is no longer the case.
What does this mean for your business?
The Act does not make it mandatory for all PCBUs to have a health and safety representative and health and safety and committee.
However, the Act does make it an offence not to hold an election for a health and safety representative, or to fail to establish a committee, if an election or committee has been requested. Individuals may be fined up to $5,000 and companies may be fined up to $25,000.
It is therefore important that PCBUs are responsive to requests and:
- Initiate an election of health and safety representative(s); and/or
- Establish a health and safety committee.
If you would like further information on these changes or any other employment law advice please contact Shima Grice, Partner, or Lucy Nolan, Solicitor – get in touch here.