The Importance of the HSC Chairperson

The NSW Work Health and Safety Act 2011 establishes Health and Safety Committees (HSCs), but it does not establish a statutory role for an HSC Chairperson.

This is an important distinction when considering what a Chairperson is responsible for.

Under sections 75–79 of the Work Health and Safety Act 2011, an HSC has defined requirements and functions. These include facilitating cooperation between the PCBU and workers on measures to ensure health and safety, assisting in developing health and safety standards, rules and procedures, and meeting at least once every three months.

The Act also provides that the constitution of the HSC may be agreed between the PCBU and workers.

There is no provision in these sections that creates or defines the position of Chairperson.

Consequently, the Chairperson's role needs to be considered through the HSC's agreed constitution and consultation arrangements, rather than as a separate statutory WHS duty.

This is consistent with the SafeWork NSW HSC templates. SafeWork describes these templates as a starting point for HSRs and HSCs which can be adapted to suit the particular needs of the workplace.

The practical importance of the Chairperson is therefore connected to the effective operation of the committee. A well-run HSC provides a structured forum in which worker and PCBU representatives can participate in consultation and work towards the functions set out in section 77.

The SafeWork NSW HSC minutes template provides a practical illustration of the work that needs to be captured through HSC meetings. It provides for the recording of key discussion points and outcomes and, importantly, action items identifying what action is to be taken, who is responsible, the priority and timeframe, and when the action is completed. These are features of the template, rather than statutory requirements imposed on a Chairperson, but they demonstrate the importance of an HSC having an orderly process for progressing the matters it considers.

The Work Health and Safety Consultation, Cooperation and Coordination Code of Practice emphasizes that effective consultation involves sharing relevant information, providing workers with a reasonable opportunity to express their views and contribute to decisions, taking those views into account, and advising workers of consultation outcomes.

The Chairperson can therefore be an important part of how an HSC operates, but should not be confused with a statutory WHS duty holder. The legal duties remain those imposed by the WHS Act and Regulation on the relevant duty holders.

Training for HSC Chairpersons

Although the WHS legislation does not prescribe a Chairperson's role, the person appointed to chair an HSC still needs to understand the HSC's functions, the consultation process, and how to conduct meetings effectively. This is particularly important where the Chairperson is expected to keep the committee focused on its functions, manage discussion, and ensure that matters raised by the committee are properly recorded and followed up.

Courtenell's WHS Committee Chairperson course is specifically designed for HSC Chairpersons. The course covers the functions of the HSC under the WHS Act, the NSW Consultation Code of Practice, and practical aspects of chairing HSC meetings, including managing interactions, planning and implementing agendas, and following up actions.

For organisations that have an HSC, providing the Chairperson with specific training can help establish a clearer understanding of the Chairperson's practical role while maintaining the important distinction between that role and the statutory duties of WHS duty holders.