19Occupational Health and Safety Advisory Committee

19 Occupational Health and Safety Advisory Committee (1) There is to be an Occupational Health and Safety Advisory Committee. (2) The Chairperson of the Authority's Board of Management, or such other member of the Board as the Chairperson nominates, is to be the Chairperson of the Occupational Health and Safety Advisory Committee. (3) The Occupational Health and Safety Advisory Committee is to consist of the Chairperson and the following members appointed (in writing) by the Minister from time to time— (a) 2 persons recommended by the Authority's Board of Management who represent the interests of the Authority; (b) 2 persons who the Minister considers represent the interests of the Crown; (c) 6 persons who the Minister considers represent the interests of employers (at least 2 of whom the Minister considers represent the interests of employers engaged in small business); (d) 6 persons who the Minister considers represent the interests of employees; S. 19(3)(e) amended by No. 27/2025 s. 56(a). (e) 2 independent persons who the Minister considers have appropriate expertise and experience in occupational health and safety; S. 19(3)(f) inserted by No. 27/2025 s. 56(b). (f) 2 persons who the Minister considers have been affected, directly or indirectly, by a workplace incident that involves death or a serious injury or illness. (4) The functions of the Occupational Health and Safety Advisory Committee are— (a) to enquire into and report to the Authority's Board of Management on any matters referred to it by the Board in accordance with the terms of reference given by the Board; and (b) to advise the Board in relation to— (i) promoting healthy and safe working environments; and (ii) the operation and administration of this Act and the regulations; and (c) to carry out such other functions as are conferred by this Act. (5) The Occupational Health and Safety Advisory Committee must operate in accordance with the procedures (if any) determined by the Authority's Board of Management. Part 3—General duties relating to health and safety Division 1—The concept of ensuring health and safety 20 The concept of ensuring health and safety (1) To avoid doubt, a duty imposed on a person by this Part or the regulations to ensure, so far as is reasonably practicable, health and safety requires the person— (a) to eliminate risks to health and safety so far as is reasonably practicable; and (b) if it is not reasonably practicable to eliminate risks to health and safety, to reduce those risks so far as is reasonably practicable. (2) To avoid doubt, for the purposes of this Part and the regulations, regard must be had to the following matters in determining what is (or was at a particular time) reasonably practicable in relation to ensuring health and safety— (a) the likelihood of the hazard or risk concerned eventuating; (b) the degree of harm that would result if the hazard or risk eventuated; (c) what the person concerned knows, or ought reasonably to know, about the hazard or risk and any ways of eliminating or reducing the hazard or risk; (d) the availability and suitability of ways to eliminate or reduce the hazard or risk; (e) the cost of eliminating or reducing the hazard or risk. Division 2—Main duties of employers