The Health and Safety at Work (Health and Safety Representatives and Committees) Amendment Act 2023 (“Amendment”) was passed and came into effect in June 2023.  In this article we examine the changes imposed by the Amendment and the possible implications for PCBUs.

Before Amendment

Before the Amendment was passed, organisations (“PCBUs”) were able to decline a request from workers to initiate an election for health and safety representative(s), if it had fewer than 20 workers and it was not in a designated high-risk sector or industry.  Further, PCBUs were also able to decline a request to establish a health and safety committee:

  • if it was not in a designated high-risk sector or industry and had fewer than 20 workers; or
  • if it was satisfied that their existing worker participation practices at the workplace sufficiently meet the legal requirements.

After Amendment

This Amendment now requires all PCBUs:

  • to initiate elections for health and safety representative(s), if requested by any worker who carries out work for the PCBU; and
  • to establish a health and safety committee at a workplace, if requested by a health and safety representative, or by 5 or more workers at the workplace.

The Amendment also introduces a timeframe for establishing a health and safety committee as soon as practicable after receiving the request. 

Comment

This Bill mostly affects small businesses (those with fewer than 20 workers) that are not in a designated high-risk sector or industry, as the Amendment will limit their choices on how they manage the health and safety participation practices in their organisation.  Further, the Amendment could add to the compliance and training costs that they incur.

If a PCBU does not comply with their obligation to initiate the election of health and safety representative(s) or to establish a health and safety committee, they could be liable to a fine of up to $25,000 (for a body corporate) upon conviction.