Using health and safety committees at work

ANNEX LIST OF INSTRUMENTS CONCERNING OCCUPATIONAL SAFETY AND HEALTH AND THE WORKING ENVIRONMENT ADOPTED BY THE INTERNATIONAL LABOUR CONFERENCE SINCE 1919

PREAMBLE

Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Sixty-seventh Session on 3 June 1981, and

Having decided upon the adoption of certain proposals with regard to safety and health and the working environment, which is the sixth item on the agenda of the session, and

Having determined that these proposals shall take the form of a Recommendation supplementing the Occupational Safety and Health Convention, 1981, adopts this twenty-second day of June of the year one thousand nine hundred and eighty-one, the following Recommendation, which may be cited as the Occupational Safety and Health Recommendation, 1981:

TEXT

I. Scope and Definitions

1. (1) To the greatest extent possible, the provisions of the Occupational Safety and Health Convention, 1981, hereinafter referred to as the Convention, and of this Recommendation should be applied to all branches of economic activity and to all categories of workers.

(2) Provision should be made for such measures as may be necessary and practicable to give self-employed persons protection analogous to that provided for in the Convention and in this Recommendation.

(a) the term [ branches of economic activity ] covers all branches in which workers are employed, including the public service;

(b) the term [ workers ] covers all employed persons, including public employees;

(c) the term [ workplace ] covers all places where workers need to be or to go by reason of their work and which are under the direct or indirect control of the employer;

(d) the term [ regulations ] covers all provisions given force of law by the competent authority or authorities;

(e) the term [ health ] , in relation to work, indicates not merely the absence of disease or infirmity; it also includes the physical and mental elements affecting health which are directly related to safety and hygiene at work.

II. Technical Fields of Action

3. As appropriate for different branches of economic activity and different types of work and taking into account the principle of giving priority to eliminating hazards at their source, measures should be taken in pursuance of the policy referred to in Article 4 of the Convention, in particular in the following fields:

(a) design, siting, structural features, installation, maintenance, repair and alteration of workplaces and means of access thereto and egress therefrom;

(d) design, construction, use, maintenance, testing and inspection of machinery and equipment liable to present hazards and, as appropriate, their approval and transfer;

(f) handling, stacking and storage of loads and materials, manually or mechanically;

(h) manufacture, packing, labelling, transport, storage and use of dangerous substances and agents, disposal of their wastes and residues, and, as appropriate, their replacement by other substances or agents which are not dangerous or which are less dangerous;

(j) prevention and control of, and protection against, occupational hazards due to noise and vibration;

(m) prevention of fires and explosions and measures to be taken in case of fire or explosion;

(n) design, manufacture, supply, use, maintenance and testing of personal protective equipment and protective clothing;

(o) sanitary installations, washing facilities, facilities for changing and storing clothes, supply of drinking water, and any other welfare facilities connected with occupational safety and health;

III. Action at the National Level

4. With a view to giving effect to the policy referred to in Article 4 of the Convention, and taking account of the technical fields of action listed in Paragraph 3 of this Recommendation, the competent authority or authorities in each country should

(a) issue or approve regulations, codes of practice or other suitable provisions on occupational safety and health and the working environment, account being taken of the links existing between safety and health, on the one hand, and hours of work and rest breaks, on the other;

(b) from time to time review legislative enactments concerning occupational safety and health and the working environment, and provisions issued or approved in pursuance of clause (a) of this Paragraph, in the light of experience and advances in science and technology;

(d) provide information and advice, in an appropriate manner, to employers and workers and promote or facilitate co-operation between them and their organisations, with a view to eliminating hazards or reducing them as far as practicable; where appropriate, a special training programme for migrant workers in their mother tongue should be provided;

(e) provide specific measures to prevent catastrophes, and to co-ordinate and make coherent the actions to be taken at different levels, particularly in industrial zones where undertakings with high potential risks for workers and the surrounding population are situated;

(f) secure good liaison with the International Labour Occupational Safety and Health Hazard Alert System set up within the framework of the International Labour Organisation;

5. The system of inspection provided for in paragraph 1 of Article 9 of the Convention should be guided by the provisions of the Labour Inspection Convention, 1947, and the Labour Inspection (Agriculture) Convention, 1969, without prejudice to the obligations thereunder of Members which have ratified these instruments.

6. As appropriate, the competent authority or authorities should, in consultation with the representative organisations of employers and workers concerned, promote measures in the field of conditions of work consistent with the policy referred to in Article 4 of the Convention.

7. The main purposes of the arrangements referred to in Article 15 of the Convention should be to

(b) co-ordinate the exercise of the functions assigned to the competent authority or authorities in pursuance of Article 11 of the Convention and Paragraph 4 of this Recommendation;

(c) co-ordinate activities in the field of occupational safety and health and the working environment which are exercised nationally, regionally or locally, by public authorities, by employers and their organisations, by workers' organisations and representatives, and by other persons or bodies concerned;

(d) promote exchanges of views, information and experience at the national level, at the level of an industry or that of a branch of economic activity.

8. There should be close co-operation between public authorities and representative employers' and workers' organisations, as well as other bodies concerned in measures for the formulation and application of the policy referred to in Article 4 of the Convention.

9. The review referred to in Article 7 of the Convention should cover in particular the situation of the most vulnerable workers, for example, the handicapped.

IV. Action at the Level of the Undertaking

10. The obligations placed upon employers with a view to achieving the objective set forth in Article 16 of the Convention might include, as appropriate for different branches of economic activity and different types of work, the following:

(a) to provide and maintain workplaces, machinery and equipment, and use work methods, which are as safe and without risk to health as is reasonably practicable;

(b) to give necessary instructions and training, taking account of the functions and capacities of different categories of workers;

(c) to provide adequate supervision of work, of work practices and of application and use of occupational safety and health measures;

(d) to institute organisational arrangements regarding occupational safety and health and the working environment adapted to the size of the undertaking and the nature of its activities;

(e) to provide, without any cost to the worker, adequate personal protective clothing and equipment which are reasonably necessary when hazards cannot be otherwise prevented or controlled;

(f) to ensure that work organisation, particularly with respect to hours of work and rest breaks, does not adversely affect occupational safety and health;

(g) to take all reasonably practicable measures with a view to eliminating excessive physical and mental fatigue;

(h) to undertake studies and research or otherwise keep abreast of the scientific and technical knowledge necessary to comply with the foregoing clauses.

11. Whenever two or more undertakings engage in activities simultaneously at one workplace, they should collaborate in applying the provisions regarding occupational safety and health and the working environment, without prejudice to the responsibility of each undertaking for the health and safety of its employees. In appropriate cases, the competent authority or authorities should prescribe general procedures for this collaboration.

12. (1) The measures taken to facilitate the co-operation referred to in Article 20 of the Convention should include, where appropriate and necessary, the appointment, in accordance with national practice, of workers' safety delegates, of workers' safety and health committees, and/or of joint safety and health committees; in joint safety and health committees workers should have at least equal representation with employers' representatives.

(2) Workers' safety delegates, workers' safety and health committees, and joint safety and health committees or, as appropriate, other workers' representatives should

(a) be given adequate information on safety and health matters, enabled to examine factors affecting safety and health, and encouraged to propose measures on the subject;

(b) be consulted when major new safety and health measures are envisaged and before they are carried out, and seek to obtain the support of the workers for such measures;

(c) be consulted in planning alterations of work processes, work content or organisation of work, which may have safety or health implications for the workers;

(d) be given protection from dismissal and other measures prejudicial to them while exercising their functions in the field of occupational safety and health as workers' representatives or as members of safety and health committees;

(e) be able to contribute to the decision-making process at the level of the undertaking regarding matters of safety and health;

(f) have access to all parts of the workplace and be able to communicate with the workers on safety and health matters during working hours at the workplace;

(h) be able to contribute to negotiations in the undertaking on occupational safety and health matters;

(i) have reasonable time during paid working hours to exercise their safety and health functions and to receive training related to these functions;

(j) have recourse to specialists to advise on particular safety and health problems.

13. As necessary in regard to the activities of the undertaking and practicable in regard to size, provision should be made for

(a) the availability of an occupational health service and a safety service, within the undertaking, jointly with other undertakings, or under arrangements with an outside body;

(b) recourse to specialists to advise on particular occupational safety or health problems or supervise the application of measures to meet them.

14. Employers should, where the nature of the operations in their undertakings warrants it, be required to set out in writing their policy and arrangements in the field of occupational safety and health, and the various responsibilities exercised under these arrangements, and to bring this information to the notice of every worker, in a language or medium the worker readily understands.

15. (1) Employers should be required to verify the implementation of applicable standards on occupational safety and health regularly, for instance by environmental monitoring, and to undertake systematic safety audits from time to time.

(2) Employers should be required to keep such records relevant to occupational safety and health and the working environment as are considered necessary by the competent authority or authorities; these might include records of all notifiable occupational accidents and injuries to health which arise in the course of or in connection with work, records of authorisation and exemptions under laws or regulations to supervision of the health of workers in the undertaking, and data concerning exposure to specified substances and agents.

16. The arrangements provided for in Article 19 of the Convention should aim at ensuring that workers

(a) take reasonable care for their own safety and that of other persons who may be affected by their acts or omissions at work;

(b) comply with instructions given for their own safety and health and those of others and with safety and health procedures;

(d) report forthwith to their immediate supervisor any situation which they have reason to believe could present a hazard and which they cannot themselves correct;

(e) report any accident or injury to health which arises in the course of or in connection with work.

17. No measures prejudicial to a worker should be taken by reference to the fact that, in good faith, he complained of what he considered to be a breach of statutory requirements or a serious inadequacy in the measures taken by the employer in respect of occupational safety and health and the working environment. V. Relations to Existing International Labour Conventions and Recommendations

18. This Recommendation does not revise any international labour Recommendation.

19. (1) In the development and application of the policy referred to in Article 4 of the Convention and without prejudice to their obligations under Conventions they have ratified, Members should refer to the international labour Conventions and Recommendations listed in the Appendix.

(2) The Appendix may be modified by the International Labour Conference, by a two-thirds majority, in connection with the future adoption or revision of any Convention or Recommendation in the field of safety and health and the working environment.

ANNEX LIST OF INSTRUMENTS CONCERNING OCCUPATIONAL SAFETY AND HEALTH AND THE WORKING ENVIRONMENT ADOPTED BY THE INTERNATIONAL LABOUR CONFERENCE SINCE 1919

Appendix II. Sampie legisiation and Guidelines: Bermuda Health and Safety At Work Act 1982; Bermuda Guidance on Health and Safety Committeees Regulations, 1984

Section 20 of the Health and Safety at Work Act and the Health and Safety Committees Regulations provide a framework for the establishment of health and safety committees in many undertakings on the Island.

The Regulations are designed to allow for a flexible approach in setting up and operating these committees so that they can be organised to suit the particular undertakings that they cover.

In order to help employers and employees who will be directly involved in the operation of health and safety committees the Advisory Council offers practical guidance on the Regulations. In the opinion of the Advisory Council* this guidance should enable the legal requirements to be satisfied.

There is no legal obligation to work to any part of this guidance and altemative procedures may be followed, but it is important to realise that a committee's activities must at all times comply with requirements in the Act and the Regulations.

20. (1) At every place of employment where five or more persons are employed, the employer shall cause a committee to be established to be known as a health and safety conunittee.

(2) The conm-iittee shall consist of no fewer than two and no more than twelve persons of whom at least half shall be persons representing employees other than employees connected with the management of the place of employment and either elected by the employees they eleen or appointed in accordance with the constitution of the trade union of which the employees are members.

(3) The employer shall cause the names of the comn-fittee members to be posted in a prominent place at the place of employment.

(5) The conunittee shall have a continuing concem with respect to the health, safety and welfare of the persons employed in the place of employment.

1. and Safety at Work Act recognises that it is essential to provide healthy and safe conditions for all persons at work and its aim is the development of systems to achieve this.

The Act has a number of important requirements but perhaps the most important are the duties laid on employers and employees to cooperate in securing the health, safety and welfare of all persons at work.

The architects of the Act decided that the most practical way to encourage workpeople and their employers to cooperate was to set up joint health and safety comrnittees. Section 20 to the Act requires that at every place of employment where five or more persons are employed, the employer shall cause a committee to be established to be known as a health and safety conunittee.

2. The number of persons required before a committee is required was fixed at five because it was considered that in small businesses workpeople are in close contact with their employer and health and safety problems can be dealt with quickly. It should be noted that while a committee may not be required in a small business all the other requirements of the Health and Safety at Work Act apply.

3. The Act at Section 20 and the Health and Safety Committee Regulations provide a legal framework in which employers and workpeople can cooperate in the setting up and functioning of these comn-iittees. The Regulations are frained so that the maximum freedom is given to both employers and employees to make arrangements suitable for the circumstances of each undertaking.

4. Although many places of employment with between 5 and 9 employees will require a comn-iittee the Minister has power to exempt persons from provisions of the Act. He is prepared to consider applications for exemption from Section 20 of the Act in respect of low risk places of employment with between 5 and 9 employees. Before granting such an exemption, the Minister will have to be satisfied that the standard of health and safety of any employee is not affected and that employees support the application.

Similarly an employer with several places of employment may apply for an exemption for any of the places with between 5 and 9 employees.

The Act and the Regulations state that health and safety committees are required at "places of employment" with more than 5 workpeople. Place of employment is defined in the Act and in practical ten-ns it means that an undertaking or business can comprise more than one place of employment where the business or undertaking consists of more than one unit. The latter should be taken to mean a self-contained part of the whole business or undertaking which deals with administration as well as operations. For example, some of the larger stores on the Island maintain branches in the major hotels; these should be regarded as places of employment. On the other hand mobile gangs working from a vehicle should regard the depot from which they operate as their place of employment and not the vehicle. The influence of place of employment on the size and number of conimittees is covered later in paragraph 10.

6. In the case of the construction industry place of employment can comprise two kinds of location. Each company will have a head office which often includes workshops and storage areas. In addition there will be contract sites which will vary from time to time in size and number. It is clear from the definition in the Act that a site is a place of employment and will require a health and safety committee if 5 or more persons are employed. Most construction companies will also need a committee at head office.

The Regulations allow a committee to regulate its own proceedings and it is suggested that the head office committees should decide how to cover sites. The altematives are either to form a coniinittee from the employees on each site at the beginning of the job or for the head office committee, which may have to be full size, deciding that one or two of their members with the site manager could fonn a committee. The advantage of the latter structure is that the site committee members will be familiar with the company safety and health policy.

Many construction sites will also have sub-contractors working; these people are also employers and might require a committee. The Act gives no help on this situation but it is obvious that the objective of the Act can best be achieved by a single committee on a site.

Sub-contractors (with 5 or more employees on a site) should be invited to nominate members for the site committee. In any case it should be recommended that the Act places a duty on a contractor to protect the health and safety of persons not in his employ so that the single site committee will help a contractor to discharge this duty.

The Act at Section 20 requires an employer at a place of employment to take the necessary action to form a conm-littee. He may do this by drawing attention to the requirement and by requesting his employees to nominate a member or members. For this purpose all employees should meet and elect or appoint their representatives according to the size and structure of the place of employment. Sizes of conu-nittees are dealt with later but membership should be, as far as possible, spread equally over all the departments forming the place of employment. This is important because every employee should have access to his conunittee representative and the representative will need to be familiar with his/her area of responsibility.

8. Management members of a health and safety com"ttee are nominated by the employer and their numbers must not be more than half of the total membership of the committee. In selecting the management members the employer should appoint persons who are able to make speedy decisions when requested by the conunittee.

9. When membership of a conmiittee has been seleeted the employer should post a notice in a prominent position in the place of employment. The committee should then meet as soon as possible to elect a chain-nan, decide its procedural rules* and plan a programme of work. It should be noted that a committee can only be formed by following the procedures outlined in paragraphs 6 to 8.

A conm-�ttee should decide on its term of office. It may decide to dissolve every year or continue in office indefinitely, making individual changes in membership as necessary. Annual changes are undesirable because this destroys continuity but employee members could decide for example to seek re-election every three years. Whatever procedure is adopted individual members will need to resign from time to time either for personal reasons or because helshe no longer works at the place of employment. The rules of procedure of the conm-littee should require a speedy replacement of any members who resign.

Where an undertaking has more than one place of employment (see paragraph 4) and there are more than five persons employed in a particular place of employment then a health and safety committee can be set up in that place. A subsidiary place of employment may be small relatively and in this case the comniittee can consist of as few as two members, one employer and one employee. Where there is more than one committee in an undertaking and it is desirable that one of the conunittees shall undertake a coordinating role then it is suggested that its membership include at least one member from each of the other committees. After being requested by an employer to nominate members for a committee, employers in a subsidiary place of employment could decide that they would prefer to be covered by the central corfunittee.

Providing th,e latter agree, it is suggested that this group of employees should have their own representative on the central committee.

The regulations do not stipulate sizes of comniittee because of the wide variation in size of undertaking and the hazards likely to be found. The size will need to be decided by joint consultation between employer and workpeople. An office should not necd as large a committee as an industrial undertaking because the hazards are less and do not greatly change of a period. The other factor to be taken into account in the case of a comniittee that is to act in a coordinating role is that some members n-light be required from the subsidiary committees and so the maximum size of committee (i.e. 12) will be needed. The following may be used as a guide to detenifine the appropriate number of employee members of a committee in a low hazard undertaking such as an office or hotel:-

These numbers could be increased by one or two where there are distinct departments with particular risks such as are found in industrial undertakings.

A committee can be the maximum size of twelve but the aim should always be to form the minimum size of committee necessary to represent the employees and adequately take care of hazards of their health and safety. Too large a comrriittee can be unwieldy.

At its first meeting a committee should elect a chairperson. The committee should then draw up rules goveming its operation. These rules should include frequency of meetings, the size of a quorum since no meeting should take place unless management and employee representatives are present, the calling of meetings and the preparation of minutes. A committee must meet at intervals not exceeding six months.

14. Minutes of the meeting of a health and safety committee are required by the Regulations. They should be prepared after every ineeting and should contain details of all matters discussed, aion with a full description of problems and their resolution or any further action deemed necessary. Minutes should be made available to any employee on request. The employer should provide secretarial services for the preparation of committee papers.

15. The date and time of meetings should be arranged by members of the conu-nittee in consultation with the employer in accordance with the Regulations which require arrangements to be mutually agreed before any of the duties of a committee are carried out.

The Act prescribes a number of broad duties for conimittees which are summarised in Section 20(5), thus:-

..."the committee shall have a continuing concern with respeet to the health and safety and welfare of the persons employed in the place of employment"...

The above objective will be achieved by cooperating with the employer in identifying and controlling hazards in the workplace, maintaining contact with all persons at work and by considering for those persons appropriate education and training in health and safety matters.

17. Where there is more than one committee in an undertaking, it is essential that there is a uniform policy for health and safety in every part of the undertaking. This will be best achieved by one of the comn-iittees acting in a coordinating role.

18. After a visit, and where contraventions of the Act and Regulations have been detected, the Inspector will usually either issue a notice of contravention or send a letter to the employer giving details of matters which are to be rectified. A copy of a notice or letter will always be sent to a committee where one has been established in an undertaking, or the committee concemed if there is more than one. A conunittee will be required to consider with the employer action to be taken on the receipt of a notice or letter. Not all the matters on which the Inspector will coniment are things for which an employer is solely responsible, for example, safe systems of work only function with the cooperation of employees. The duty of a committee includes seeing that both employees and employers play their part in achieving the aims of the Act.

The duties of a committee are set out in Section 20(4) of the Act and in Regulation 3. The Regulations also allow a comn-�ttee to regulate its own proceedings so it must consider how best to identify and control health and safety hazards and inspect any part of the place of employment where an accident or dangerous occurrence has occurred. Identification, control inspection can be carried out by the whole committee but the committee may decide to ask one of its members to carry out a particular task and report back. Before asking a member to carry out any of these tasks a committee should be satisfied that the member is either by training or experience able to carry out these functions adequately. The committee should make reasonable arrangements with the employer before any identification, control or inspection is carried out.

Identification and control of safety hazards implies that regular inspection may be necessary; the committee should determine the intervals. A committee has other duties in addition to the above but these will usually be dealt with by the whole committee, but there is no reason why a committee should not coopt an expert adviser for dealing with particular problems.

20. Where a committee member reports health and safety hazards to the comn-fittee for action he/she should inspect the area which he has been allocated and look for obvious health and safety hazards. A member is not intended to be an expert but he/she should be a good observer and of course a knowledge of safe practices will need to be related to the type of workplace in which he/she operates. Most problems discovered should be capable of resolution by the committee, but failing this the Inspector can be asked for advice.

21. Theapproachtoaccidentsordangerousoccurrencesbythemember should be similar to inspection for health and safety hazards. The aim is not to decide who is to blame but to find, if possible, the cause of the accident or dangerous occurrence so that the committee can propose measure to avoid such incidents in future.

22. When the Inspector visits the place of employment a member with the arrangement of the committee may discuss the health and safety hazards and accidents relating to his/her particular area with him. The Inspector is entitled to talk to any person in a place of employment but he will usually contact members of the safety comn-littee at the beginning of a visit.

23. A member with the agreement of the committee may also discuss with the employer or employer's representative the particular health and safety problems of the employees he/she represents. Such discussions must always be reported to the committee so that further action may be taken if necessary and a proper record kept.

The requirements of the Act at Seetion 5 and 6 apply to employees at all times but extra duties are not imposed on members of comn-�ttees. This means that whilst an employee member of a committee must at all times cooperate with his employer in health and safety matters and take reasonable care to proteet health and safety of others, the responsibility for implementation of health and safety matters lies with the employer.

The regulations contain an additional duty for committees and that is the requirement for reasonable arrangements to be made with an employer before carrying out any health and safety committee functions. Although committees have the right to carry out their functions, mutually satisfactory arrangements should be made with the employer to enable him to fulfill his responsibilities.

A member of a committee is entitled to such time off from work without penalty as is necessary for performing his/her duties. Members must receive the same rate of pay, for all time spent on their committee duties, that they would have received for performing their regular work. In addition an employer must allow members time off from work without penalty for such training as may be reasonable in all the circumstanees for the efficient performance of their duties as health and safety committee members.

It must be realised that health and safety conunittees will not become an important part of the new health and safety systems unless its members have or develop some expertise in this field. Training is usually necessary to develop this expertise. The training required by con-imittee members will be variable and will depend upon any previous experience of health and safety work, and the hazards found in the particular undertaking. To perfonn their duties efficiently members will need to have besides a good understanding of their functions a reasonable knowledge of:-

27. The extent of training will depend upon the particular workplace. Clearly an office has few hazards in comparison to a construction site and it is likely that the training of members working in offices can be done "in-house". The more hazardous workplaces will need specialised training and it is suggested that this could be organised collectively by employers or by trade unions. On the other hand a large organisation might appoint a full-time training officer who could undertake the necessary training of members. The regulations allow a flexible approach to training.

An employer is required to make available to a committee information necessary for the committee to carry out its functions. Such information should include:-

Example of Rules for Regulating the Procedures of a Health and Safety Committee

1 . The Committee shall be known as the ------------------------------------Health and Safety Committee". ("The Committee")

3. Each member shall hold office for a period not exceeding (3) years and shall he eligible for re-appointment.

4. [n] Employer members shall be appointed by [the executive head of the organisation.]

5. [n] Employee members shall be nominated by all employees of the following departments meeting and selecting an employee working in that department:-

6. A member of the Committee may terminate the appointment at any time during his/her term of office by giving the Chairman written notice. The Chairman shall then advise [the executive head] in the case of employer members, and post a notice in the department concemed in the case of an employer member, so that a replacement procedure can be initiated to fill the vacancy.

7. All vacancies on the Committee shall be filled within four weeks from the date of a resignation of a member.

8. Except when the Chairman of the Committee is absent and it is necessary to elect an Acting Chairman from members present, no member may be represented by a substitute.

9. The Chairman of the Committee shall be elected from members of the Committee by the members for an agreed tenn. [lt is for the Committee to decide on the term and whether the post should be filled altematively by an employer member and an employee member. This should be decided and inserted in the rulesl.

10. ThetermsofreferenceoftheComn-litteearethosesetoutinSection 20(4) (a) (c) of the Health and Safety at Work Act and in Regulation 3(a) (b) (c) of the Health and Safety Committee Regulations. Only matters relating to the health, safety and welfare of persons at work or other persons who may be affected by work in the palce of employment, shall be covered.

11. NomeetingoftheCommitteeshallproceedunlessthereisaquorum. The quorum shall consist of the Chairman or Acting Chairman and at least employer members and - employee members.

12. In carrying out inspections of the place of employment for the purpose of identification and control of hazards the Committee shall prepare a programme and agree the intervals of inspection and times with the employer. The Committee shall appoint a member or members to carry out the work and submit a report for consideration of the Committee. In the case of an inspection following an accident or dangerous occurrence the Committee shall agree a time with the employer and appoint a member or members to carry out the work and submit a report.

13. The Committee shall meet at intervals to be decided [but not exceeding six monthsl. Times of meetings shall be agreed with the employer.

14. A record of all meetings shall be prepared, approved by the Committee and signed by the Chairman.

16. The Committee may seek the advice of persons on any matter connected with its functions.

17. The Committee shall deterrriine the training needs of members and agree with the employer on the form of training required to meet these needs. Training shall be related to the risks to health and safety present in place of employment.

18. Alteration to these Rules may only be made after a written proposal has been circulated at least one month before discussion by the Committee.

Appendix III. Sample Contract Language: New South Wales Amalgamated Metal Workers' Union Occupational Health, Safety and Rehabilitation Agreement

between Metal Trades workers and Unions on whose behalf this agreement has been signed and

1.1. Management, employees and their unions recognise the importance of developing and maintaining healthy and safe working conditions in au workplaces, and the importance of keeping the health and safety standards in these workplaces under constant review. This goal can best be achieved through joint involvement of management, employees, contractors and their unions at all levels.

1.2. Management, employees and their unions will co-operate to improve the standards of health and safety in all workplaces, and will regard existing Standards, Regulations and Codes of Practice, such as those produced by the N.S.W. Government, Standards Association of Australia and the National Occupational Health Safety Commission, as the minimum acceptable levels. These standards will be incorporated within formal written instructions on health and safety to be issued jointly by the Committee.

The joint involvement of management, employees and unions in health and safety matters will be achieved through the following agreed responsibilities and structural anangements.

2.1. The Committee wili provide a comprehensive Health, Safety and Rehabilitation policy which, amongst other things will:

2.1.1. state the Health, S afety and Rehabilitation responsibilities of nominated representatives of management and the Conimittee.

2.1.2. specify the nominees of management responsible for implementing the decisions of the health and safety cornmittee;

2.2. All employees will follow agreed safe working practices, instructions and rules with the intent of avoiding risk or injury to themselves or others.

2.3. Union officials or nominees will have access to the workplace to carry out health and safety inspections and conduct interviews. Access shall be granted following a request to management and at mutually acceptable time.

2.4. The Union/s involved will make available to management copies of all reports and other health and safety information provided to members at the workplace.

2.5. Union officials or nominees will have the right to accompany govemment inspectors and receive reports of inspections. Union officials or non-iinees will have the right to be present at investigations and inquiries conducted by the govemment officers.

3.1. A health and safety committee will be formed in accordance with the N.S.W. Occupational Health and Safety Act 1983 and Regulations. The Committeewill operate along the following lines.

3.2. Meeting Frequency. The Cornmittee will meet on at least a monthly basis, but can be more frequently as circumstances dictate.

3.3. Review Funetions. The Comrr�ttee will keep under review all actions taken to implement the agreed and stated Health and Safety Policy.

3.3.1. The Conu-nittee will keep under review arrangements for identification of potential safety and health hazards, the prompt investigation of accidents, the determination of causes and contributory factors and the implementation of corrective action.

3.3.2. The Committee will review all plans for reequipment, redesign, new technology, building changes and all matters affecting work organisation with the aim of preventing foreseeable health and safety problems.

3.4. Guidelines. The Committee will develop j oint written Guidelines for the prevention of work related injury and disease. The Committee will develop written joint Rehabilitation Guidelines and the implementation of rehabilitation programs.

3.5. Dispute Settling. The Committee will consider safety and health matters referred to it which have been the subject of dispute and not resolved.

3.5.1. Where the Committee is unable to reach agreement, the matter may be referred to a mutually acceptable outside govemment authority or specialist.

3.6. Personnel. The Committee will consider the selection, employment and duties of occupational health and safety eronne

3.7. Education and Training. The Committee will promote the development of health and safety courses and operator training. Course content and training methods will be considered by the Cornmittee.

3.8. Routine Considerations. The Comrrfittee will regularly consider written reports on accidents, injuries and illness, together with recommendations as to how such incidents can be avoided in future.

3.8. 1. The Committee will maintain and develop the injury and disease register which is the Pennanen record of work injuries.

3.8.2. The Committee will maintain and develop a register of chemicals and chemical products in the workplace. Material Safety Data Sheets will be the rninimum source of inforination required in the register.

3.8.3. The Committee will exarnine the results of all inspections, environmental and personal monitoring carried out at the workplace. The causes of exposures to concentrations of toxic materials, dust and fumes will be investigated and recommendations for their reduction or elimination considered.

3.9. Consultants. By agreement, the Conmi-ittee may call specialists or consultants as the need arises.

4.1. Employee elected members of the Health and Safety Committee will be referred to as health and safety delegates. They will be accountable to the employees they eleen through the established shop floor and official trade union channels.

4.2. Health and Safety delegates will be ensured in all health and safety matters in the work place, of the resources needed to play a constructive and responsible role. These will include the rights:

b. To investigate potential hazards, dangerous occurrences and any accidents that may occur (e.g. by taking samples, photographs, etc.).

c. To have access to Health and Safety information conceming products, materials or chemical processes in the workplace.

d. To be informed of any accident or injury occurring in their work area and to carry out an emergency inspection of the site or the accident before work resumes (if work has ceased).

e. To be present, should the employee so request, at any discussions between management and any employee conceming an injury, accident, disease or rehabilitation arrangements.

f. To immediately consult with a supervisor when a dangerous or hazardous situation occurs. In such a situation all relevant precautions will be taken including, if necessary, the stopping of work or process without loss of pay in that particular area and/or employees placed in other areas.

g. To have access to all facilities needed to perform their functions, such as filing space, telephone, desk and photocopier.

h. To be consulted by management prior to all changes to their designated workplace which may have implications for the health and safety of the employees they represent.

i. To call in the Union officers and/or their norninees at any time after discussions with management.

j. To be granted time off work with pay to attend trade union Health and Safety Training Courses that are offered by unions, Labor Council of N.S.W., T.U.T.A., or other approved courses.

k. To be given time off work with pay to perform their functions on site. Reasonable time and facilities will be made available to enable health and safety representatives to meet before cach Health and Safety Committee meeting.

4.3. Health and Safety delegates will notify the Health and Safety Committee of the findings of their inspections and investigations, and will make any recommendations for improvements in working conditions, in writing.

4.4. No action taken by a Health and Safety delegate in accordance with this Agreement will be used for the purpose of dismissal or other disciplinary action by management.

4.5. No action taken by a Health and Safety delegate in accordance with this Agreement will form the basis of civil or criminal prosecution.

5.1. The Agreement is subject to variation by any of the parties to it, by mutual consent subject to written notification, and subject to review in twelve (12) months.

5.2. The Agreement will come into effect upon the date of signing, and the Committee will be operative within one (1) month of that date.

SIGNED for and on behalf of THE AMALGAMATED METAL WORKERS' UNION in the presence of .....................................................................

AMALGAMATED METAL WORKERS' UNION by: ...........................................................

The following are sample contract clauses for establishing health and safety committees in the workplace. This section is taken from the publication Workplace Health and Safety: A Guide to Collective Bargaining published by the Labor Occupational Health Program at the University of California at Berkeley.

Unions handle safety and health issues in a variety of ways. Some appoint full time safety officers with the status of union representatives who regularly investigate health and safety complaints and problems on the j ob. Other unions establish health and safety comrnittees in their locals, and within each individual plant meet regularly with employers to resolve problems. Still other unions participate in j oint labor-management health and safety committees. And some unions use their estabhshed grievance machinery and shop stewards system to deal with health and safety.

All of these methods have proven to be effective in a variety of differing circumstances. What seems to be the real key to improving health and safety on the job is for the union to have a plan and set of objectives and goals to actively pursue, with the broadest support possible of the membership. Whatever structure is utilized or adopted by a given international or local union, it is essential that the safety representatives function independently of the employer and formulate their own agenda and approaches to employers. Obviously a non-adversarial atmosphere is ideal, but there also must be an orderly method for resolving differences between the union and employer in this area as well as in resolving traditional grievances. The chief complaint of many workers who serve on j oint labor-management committees is that such organizations are chiefly cosmetic, or that they are so donated by the employer that they cannot be effective, or that the employer representatives lack real authority to accomplish change. Another reason for having an independent group of union safety representatives recognized by the employer is to clearly delineate the employer's sole responsibility for providing a safe and healthy place to work.

In the clauses which follow, it has been possible to find samples which accurately reflect model language fumished for consideration. In numerous cases, unions have obtained extensive rights for safety representatives which are not written down in the agreement. Each union will have to decide, as a matter of taetics, how detailed they wish to be in formulating contract language for collective bargaining purposes.

1) Two union, two employer committee handles all safety and health problems:

A safety conunittee shall be established. The committee shall be composed of four (4) representatives, two (2) from the Union and two (2) from the Company. The committee shau handle safety matters in connection with the Plating Division. The safety committee may shut down a machine or operation which a majority of the committee (a quorum shall be four (4) members) agrees is unsafe. (Superior Plating, Inc. and Electrical Workers (IUE); exp. 9/78).

The company will recognize at each plant a Safety Conur�ttee to be selected by the Union, consisting of not more than three (3) employees and their altemates, and will meet with said Safety Committee at mutually agreed times to discuss matters relating to safety within the plants. All complaints or suggestions for the betterment of health conditions in the plant submitted by the Committee shall be promptly investigated by the Company. If a matter complained of is not promptly settled to the satisfaction of the Committee, it shall, at the request of the Committee, be immediately submitted by final decision to the Division of Industrial Safety of the state in which the plant is situated. (Printing Specialties and Paper Products Workers, Crown Zellerbach Corp., San Leandro. Califonia. 9/30/75).

A Safety Committee consisting of three (3) employees designated by the Union and three (3) management members designated by the Company shall be established. The Union and the Company shall designate their respective Co-Chairmen and shall certify to each other, in writing, such Co-Chainnen and Conimittee members. The Committee shall hold monthly meetings at times determined by the Co-Chairman who may also agree to hold special meetings, preferably outside of regular working hours. Each Co-Chairman shall submit a proposed agenda to the other Co-Chainnan at least five (5) days prior to the monthly meeting. The Company Co-Chairman shall provide the Union CoChairman with a copy of the minutes of the monthly meeting. Prior to such monthly meetings, the Co-Chainnen or their designated representatives shall engage in an inspection of mutually selected areas of the Plant. Before the monthly meeting is held, a report of the inspection shall be prepared by the Company which shall include unsafe conditions and practices observed during the inspection. A copy of the report shall be fumished to the Union Co-Chairman. (United Steelworkers of America, Kaiser Steel Corp., exp. 3/1/74).

There will be a safety committee in the plant. This committee wili consist of ________________ Union representatives and ______________ the employer representative.

The Union members of the committee shall be paid at their regular rate for any time required to investigate and meet on safety and health problems. (Note: fill in the appropriate number for your situation.)

2) Employer recognizes union committee and provides full rights to function at the workplace.

The employer shall recognize the union health and safety committee established by the union with one representative from each shift in each department. Safety committee members shall have all the safeguards and protections given shop stewards. Committee members shall have unlimited aceess in their department or area of jurisdiction and shall have the right to investigate and process safety and health complaints and problems. The chairperson of the union committee shall have the freedom of movement to contact safety committee members throughout the plant and aid them in handling health and safety problems. Members will be paid their regular rate of pay when perfon-ning their duties.

3. The employer shall keep minutes of all meetings and provide union representatives with copies.

4. The employer shall pay union members of the committee at their regular rate for all time spent on committee business, including time spent in inspections, handling of safety problems, accompanying inspectors, and in meetings.

5. The employer agrees to provide the conunittee with adequate equipment and training for measuring noises, air flow, concentration of air conta"nants, and other workplace hazards. Specifically, the cmployer shall pay all reasonable costs of training and lost time when necessary, for the union conunittee members.

6. The committee shall be considered an adjunct of, and subordinate to, the regular grievance procedure. All disputes and disagreements arising under the health and safety clauses of this contract, if not disposed of by the health and safety committee, shall be subject to the grievance procedure.

7. The committee may ask the advice, opinion and suggestions of experts and authorities on safety matters. The committee or union representatives thereof shall have the right to call to the plant such experts and authorities, as well as intemational representatives of the union; and they shall be permitted to make such examinations, investigations and recommendations as shall be reasonable connected with the purposes of the committee.

Source: A Union Representatives Manual on Occupational Disease, AFL-CIO, Ohio, USA.

2. Place of work/department ____________________________________________________

4. Years at this job ___________________________________________________________

5. How do you feel, generally? __________________________________________________

6. Do you have any problem with your skin (redness, infections, rashes, painful itching, other)?

Did you have these problems before you began the job?	Yes		No
Do these problems disappear on weekends or during vacations?	Yes		No

7. Do you have any problems with your respiratory tract (coughing, running nose, coughing up mucus or blood, dry or sore throat, frequent colds, chest pain)?

Did you have these problems before you began the job?

Yes

	Morning		Afternoon		All day		Specific days of the week
	Daily		Other		No noticeable trend

Do they disappear on weekends or during vacations?

Yes

8. Do you have trouble with your eyes (itching, redness, watering, swelling, pain, vision changes)?

Did you have these problems before you began the job?

Yes

	Morning		Afternoon		All day		Specific days of the week
	Daily		Other		No noticeable trend

Do they disappear on weekends or during vacations?

Yes

9. Do you have trouble with your ears (hearing, ringing in the ears, ear infections, can't hear after leaving the workplace)?

Did you have these problems before you began the job?

Yes

	Morning		Afternoon		All day		Specific days of the week
	Daily		Other		No noticeable trend

Do they disappear on weekends or during vacations?

Yes

Do you have headaches, dizziness, drowsiness, stomach aches, loss of appetite, nausea, vomiting, weakness, irritability, nervousness, rapid heartbeat, muscle cramps, back aches, pain or stiffness in arms, legs, joints, swelling of arms, legs, joints, other? (Please circle and explain.)

12. Please describe any problem or comwaints from other people in your area that you may consider important.

13. Does the company give any regular tests or examinations to any special group of workers in your area?

Yes

14. Do you go for physical examinations regularly (either to your own physician or the company's)?

Yes

19. Do you know of any medical problems that you now have? Have these been confirmed by a doctor?

20. Have you ever been hospitalized? If yes, please record when and for what reason.

21. Is there anything else you think is important to say about health on your job?

Report of accident or near-miss investigation It is necessary to investigate every accident in order to learn the cause and adopt proper methods to prevent any similar accident

Date of accident	Time	Day of week
	a.m.
	p.m.

Description of injury(ies) sustained by employee(s) or member(s) of the public, if any

Unsafe machine, tool, object, substance, etc.
Unsafe act of individual

7. Name of foreman, supervisor, or boss that the employce first informed of the injury

8. Did the employee finish work on the day the injury occurred?

Yes

9. Had the employer been informed that there was a safety hazard before the accident?

Yes

11. What doctor(s) is/are treating the employee? [Please list name(s) and telephone number(s)]

12. Have other employees been injured under similar conditions?

Yes

14. Was this the employee's regular job

Yes

16. Has the employer taken steps to prevent future accidents?

Yes

Full duty

Light duty

When?

Yes

If yes, when?

Year	Convention	Recommendations
1921	13. White Lead (painting)
1929	27. Marking of Weight (Packages Transported by Vessels)
1937	62. Safety Provisions (Buildings)	53. Safety Provisions (Building)
1946	73. Medical Examinations (Seafarers)	79. Medical Examination of Yougn Persons
	77. Medical Examination of Young Persons (Industry)
	78. Medical Examination of Young Persons (Non-industrial occupatiions)
1947	81. Labour Inspection	81. Labour Inspection 82. Labour Inspection (Mining and Transport)
1949	92. Accommodation of Crews (Revised)
1953		97. Protection of Workers' Health
1958		105. Ships' Medicine Chests 106. Medical Advice at Sea
1959	113. Medical Examination (Fishermen)	112. Occupational Health Services
1960	115. Radiation Protection	114. Radiation Protection
1963	119. Guarding of Machinery	118. Guarding of Machinery
1964	120. Hygiene (Commerce and Offices)	120. Hygiene (Commerce and Offices)
	121. Employment Injury Benefits	121. Employment Injury Benefits
1965	124. Medical Examination of Young Persons (Underground Work)
1967	127. Maximum Weight	128. Maximum Weight
1969	129. Labour Inspection (Agruculture)	133. Labour Inspection
1970	133. Accommodation of Crews (Supplementary provisions)	140. Crew Accommodation (Air Conditioning) 141. Crew Accommodation (Noise Control)
	134. Prevention of Accidents (Seafarers)	142. Prevention of Accidents (Seafarers)
1971	136. Benzene	144. Benzene
1974	139. Occupational Cancer	147. Occupational Cancer
1977	148. Working Environment (Air Pollution, Noise and Vibration)	156. Working Environment (Air Pollution, Noise and Vibration)
1979	152. Occupational Safety and Health (Dock Work)	160. Occupational Safety and Health (Dock Work)

Appendix I. ILO Occupational Safety and Health Recommendation, 1981 (No. 164)

PREAMBLE

TEXT

I. Scope and Definitions

II. Technical Fields of Action

III. Action at the National Level

IV. Action at the Level of the Undertaking

ANNEX LIST OF INSTRUMENTS CONCERNING OCCUPATIONAL SAFETY AND HEALTH AND THE WORKING ENVIRONMENT ADOPTED BY THE INTERNATIONAL LABOUR CONFERENCE SINCE 1919