Health and Safety in Employment Act 1992

Schedule 1A
Employee participation system

ss 19C(3), 19D

  • Schedule 1A: inserted, on 5 May 2003, by section 30 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Part 1
Examples of matters that may be included in agreed system for employee participation

1 Examples of matters that may be included in agreed system for employee participation
  • The following matters are examples of matters that the parties may wish to consider including in an employee participation system developed under section 19C:

    • (a) electing health and safety representatives, whether to act independently or as members of a health and safety committee:

    • (b) processes for ensuring regular and co-operative interaction between representatives of the employer and employees on health and safety issues generally or on particular issues.

Part 2
Functions of health and safety representatives

2 Functions of health and safety representatives
  • The following functions of health and safety representatives are examples of functions that the parties may wish to consider including in an agreed employee participation system developed under section 19C but are mandatory functions for a health and safety representative elected under Part 3 of this schedule:

    • (a) to foster positive health and safety management practices in the place of work:

    • (b) to identify and bring to the employer's attention hazards in the place of work and discuss with the employer ways that the hazards may be dealt with:

    • (c) to consult with inspectors on health and safety issues:

    • (d) to promote the interests of employees in a health and safety context generally and in particular those employees who have been harmed at work, including in relation to arrangements for rehabilitation and return to work:

    • (e) to carry out any functions conferred on the representative by—

      • (i) a system of employee participation (if a system is developed under section 19C); or

      • (ii) the employer with the agreement of the representative or a union representing the representative, including any functions referred to in a code of practice.

Part 3
Provisions that apply if failure to develop system for employee participation

3 Effect of failure to develop system if fewer than 30 employees
  • (1) This clause applies if—

    • (a) 1 or more employees, or a union representing them, requires the development of a system for employee participation under section 19C(1)(a); and

    • (b) a system is not agreed and implemented within 6 months after the employees request it to be developed.

    (2) The employees, together with any unions representing them, must hold an election for at least 1 health and safety representative to carry out the functions in Part 2 of this schedule.

    (3) This clause is subject to clauses 6 and 7.

4 Effect of failure to develop system if 30 employees or more
  • (1) This clause applies if—

    • (a) the development of a system for employee participation is required under section 19C(1)(b); and

    • (b) a system is not agreed and implemented within 6 months after the later of—

      • (i) the date of the commencement of this schedule; or

      • (ii) the date when the employer first employs 30 or more employees.

    (2) The employees, together with any unions representing them, must hold an election for—

    • (a) at least 1 health and safety representative (which may include 1 or more health and safety representatives elected for each particular type of work, or place of work of the employer, or other grouping referred to in section 19C(5)) to carry out the functions in Part 2 of this schedule independently; or

    • (b) up to a maximum of 5 health and safety representatives to be members of a health and safety committee (and the representatives must comprise at least half of the committee).

    (3) This clause is subject to clauses 6 and 7.

5 Filling vacancy for health and safety representative
  • (1) The employees, together with any unions representing them, must hold an election if a vacancy arises in a position of health and safety representative.

    (2) This clause is subject to clauses 6 and 7.

6 Employees or union may require employer to hold election for health and safety representative
  • (1) Instead of holding an election as required by clause 3, clause 4, or clause 5, the employees, together with any unions representing them, may notify the employer that they require the employer to hold the election.

    (2) The employer must hold the election within 2 months of receiving notification.

    (3) This clause is subject to clause 7.

7 Method of electing health and safety representative
  • (1) An election for a health and safety representative must—

    • (a) involve candidates who—

      • (i) work sufficiently regularly and for a sufficient duration to enable them to carry out their functions effectively; and

      • (ii) are willing to take on the position; and

    • (b) be conducted through a secret ballot; and

    • (c) give all employees, or all employees in a relevant grouping for the purposes of section 19C(5), a reasonable opportunity to vote; and

    • (d) be determined by the wishes of the majority of those who vote.

    (2) An election is not required if—

    • (a) there is only 1 candidate for a position, in which case the candidate automatically fills the position; or

    • (b) there are no candidates for a position, in which case the position is not filled.