Health and Safety in Employment Act 1992

19C Development of employee participation system
  • (1) This section applies if an employer employs—

    • (a) fewer than 30 employees, whether or not at a single location, and 1 or more of the employees, or a union representing them, requires the development of a system for employee participation; or

    • (b) 30 or more employees, whether or not at a single location.

    (2) The following persons must co-operate in good faith to seek to develop, agree, implement, and maintain a system that sets out the ways in which the employer must seek to comply with section 19B(1):

    • (a) the employer:

    • (b) the employees who wish to be involved:

    • (c) a union or unions representing any of the employees.

    (3) A system must specify a process by which it must be reviewed, but otherwise may include any matters on which the employer, employees, and any union representing them, agree complies with this Part; provided that in doing so they must take into account Part 1 of Schedule 1A and Part 2 of Schedule 1A; and provided further that, at any time after the expiry of 12 months from the date the system is agreed, 1 or more employees or a union on their behalf may initiate the development of a new employee participation system in accordance with this Act.

    (4) A system may include a provision increasing or decreasing the maximum—

    • (a) number of days' paid leave that the employer is required to allow a health and safety representative to take for health and safety training under section 19E(1):

    • (b) total number of days' paid leave that the employer is required to allow health and safety representatives to take for health and safety training under sections 19E(2) and 19F.

    (5) A system may allow for more than 1 health and safety representative or health and safety committee and, in that case, each representative or committee may represent a particular type of work, or place of work of the employer, or another grouping.

    (6) Subsection (2) is complied with if a system of employee participation in health and safety in the place of work is in existence that was implemented before the commencement of this section and if—

    • (a) it complies with section 19B or is amended to comply with section 19B; and

    • (b) it specifies a process for its review or is amended to specify a process for its review; and

    • (c) it is acceptable to the persons referred to in subsection (2).

    (7) If a system is no longer in place, or functioning, a new system must be developed, agreed, implemented, and maintained in accordance with this section.

    Section 19C: inserted, on 5 May 2003, by section 13 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).