34Health and safety committees

#### 34 Health and safety committees (1) An employer must, by written instrument, establish a health and safety committee in respect of the employer’s employees if the number of the employer’s employees is normally not less than 50. (2) An employer must also, by written instrument, establish a health and safety committee in respect of the employer’s employees in a particular workplace if: (a) the number of the employer’s employees in the workplace is normally not less than 50; and (b) either: (i) a health and safety representative of a designated work group comprising employees performing work for the employer in the workplace gives a written request to the employer asking the employer to establish such a committee; or (ii) a majority of the employees in the workplace give a written request to the employer asking the employer to establish such a committee. (3) Subject to subsection (4), a health and safety committee established under subsection (1) or (2) is to be constituted and to operate in accordance with the health and safety management arrangements applying to the employer’s employees. > Note: Subparagraph 16(2)(d)(vi) requires health and safety management arrangements to provide for the manner in which the health and safety committee is to be constituted and to operate. (4) The number of members of a health and safety committee chosen by the employer to represent the interests of the employer must not exceed the number of members chosen by the employees to represent the interests of the employees. (5) Nothing in this section prevents an employer from establishing, in consultation with its employees or any other persons, by written instrument: (a) subcommittees of a health and safety committee; or (b) committees concerned with occupational health and safety in relation to undertakings carried on by the employer; or (c) other committees concerned, in whole or in part, with occupational health and safety. (6) An instrument establishing a health and safety committee under subsection (1) or (2), or a subcommittee or other committee under subsection (5), is not a legislative instrument.