Act Part 5 - Safety and Health Representatives and Committees

Question 1

The safety and health representative is required to perform certain functions under the Act.

List 5 of these functions.

Answer 1

The Safety & Health Representative is required to:

1. Inspect the mine at such times agreed by the Manager or upon giving reasonable notice to the manager if the mine has not been inspected in 30 days.
2. In the event of an accident, dangerous occurrence or risk of serious injury, carry out an appropriate investigation immediately.
3. Report any hazard or potential hazard to the employer.
4. Consult & cooperate with the manager or OHS issues at the mine.
5. To liase with employees & employers about OHS issues at the mine.

Question 2

(a) The Act provides that safety and health representatives may be elected under a “scheme” that includes representation in a slightly different form than that provided for a mine in general. What additional types of representation can apply under such a “scheme”?
(b) What two actions can trigger an election for safety and health representatives at a mine?
(c) What is the length of the term of office of a safety and health representative?
(d) Under what circumstances does a person cease to be a safety and health representative?

Answer 2

(a) A scheme may include provision for the election of one or more OHS representatives for:
- One or more mines participating in the scheme.
- Any group of employees that constitutes a distinct unit of the employers workforce.

(b) An OHS Representative is elected following:
- The giving of notice by an employee at the mine.
- The decision of the employer.

(c) A person elected as OHS Representative holds office for 2 years commencing on the 10th day after the election was completed.

(d) A person ceases to hold office as OHS Representative if:
- The term of office expires & the person is not re-elected.
- The person ceases to be an employee
- The person ceases to be an employee under a scheme
- The person resigns office
- The person is disqualified

Question 3

The Act requires establishment, in certain circumstances, of a Safety and Health Committee.

(a) List any 5 of the 7 functions of a Safety and Health Committee established in accordance with the MSIA?
(b) When is an employer obliged to establish a Safety and Health Committee?
(c) What must an employer do if an employee who works at a mine requests an employer at the mine to establish a safety and health committee?

Answer 3

(a) 1. To facilitate consultation & cooperation between the manager, employee & employers in implementing measures designed to ensure health and safety.
2. To keep itself informed as to standards relating to health & safety.
3. To keep in a readily accessible place and form information regarding hazards to persons that arises.
4. To consider any changes or intended changes expected to affect the health and safety of employees and make such recommendations as appropriate.
5. To consider such matters as are referred to the committee.

(b) An employer must establish a Safety and Health Committee after:
- Coming into operation.
- Receiving notice by the State Mining Engineer requiring a committee.
- Employees initiating a request for a committee.

(c) The employer must within 21 days of the request, notify:
- The employee who made the request
- The Safety & Health Representative of the mine
That the employer agrees to the request or refer to the State Mining Engineer whether an OHS committee should be established for the mine.