Safety, Health and Welfare at Work Act 2005

SCHEDULE 4

Safety Committees

1. Should they so wish the employees employed in a place of work to which section 26 applies may select and appoint from amongst their number members of a safety committee to perform the functions assigned to safety committees under this Act.

2. The number of members of a safety committee shall not be less than 3 and shall not exceed one for every 20 persons employed in a place of work at the time when the committee is appointed or 10, whichever is the less.

3. Where pursuant to paragraph 2 the number of members of which a safety committee is to be comprised is—

( a) 4 or less, one member of the committee may be appointed by the employer, and the remaining members of the committee may be selected and appointed by the employees,

( b) not more than 8 and not less than 5, 2 members of the committee may be appointed by the employer, and the remaining members may be selected and appointed by the employees, and

( c) more than 8, 3 members of the committee may be appointed by the employer and the remaining members may be selected and appointed by the employees.

4. Where, in a place of work, a safety representative or representatives have been appointed under section 25 , at least one such safety representative shall be selected and appointed by the employees to be a member of the committee.

5. Where a safety committee is appointed under section 26 the following provisions shall have effect—

( a) the safety committee shall assist the employer and employees concerned in relation to the relevant statutory provisions,

( b) the quorum for a meeting of a safety committee shall be such number, being not less than 3, as shall for the time being be fixed by the committee,

( c) where a member of a safety committee ceases to be employed in the place of work concerned, he or she shall at the same time cease to be a member of the committee,

( d) the employer shall be entitled to attend personally, or to nominate a person or persons to attend on his or her behalf at each meeting of the safety committee,

( e) the employer or his or her nominee or nominees shall attend the first meeting of the safety committee and shall, as soon as may be after it is available, present to the members of the safety committee the statement required under section 20 , and

( f) the safety committee shall consider any representations made to it by the employer on matters affecting the safety, health and welfare of persons employed in the place of work.

6. On a request being made in that behalf by a safety committee, the employer shall consult with the safety committee with the object of reaching agreement concerning—

(i) facilities for holding meetings of the safety committee, and

(ii) the frequency, duration and times of meetings of the safety committee.

7. Subject to the terms of any agreement between the employer and a safety committee, meetings of the safety committee shall be held from time to time on such days as the committee shall decide and such meetings may be held during normal working hours, without loss of remuneration to the members of the committee if the following conditions are satisfied, namely:

(i) except in the case of an emergency such meeting shall not be held more frequently than once every three months;

(ii) the duration of each such meeting shall not exceed one hour;

(iii) the number of members of the safety committee attending such a meeting shall be at least such as is required to form a quorum, and

(iv) the times at which the meetings of the safety committee are held shall be compatible with the efficient operation of the place of work.