Changes to workplace health and safety law – do you have a workplace committee?

changes to workplace health and safety law web

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.