OHS Constitution 1995

UNIVERSITY OF NEW ENGLAND

OCCUPATIONAL HEALTH AND SAFETY COMMITTEE

CONSTITUTION

Adopted 27/9/95

Amended 11/11/98

1. NAME

The name of the Committee will be the University of New England Occupational Health and Safety Committee (hereinafter called the Committee).

2. AIMS

The purpose of the Committee is to:

1.

facilitate an effective and efficient cooperation among the University community in establishing and maintaining a safe and healthy working environment;

2.
provide a forum for frank and open discussion on all aspects of occupational health and safety in the workplace; and

3.
allow a mechanism by which the University community may refer matters to the Committee for advice and assistance under the provisions of the Occupational Health & Safety Act (1983) and associated regulations.

3. SCOPE

In all its aspects the Committee will operate within the guidelines and in accordance with the NSW Occupational Health and Safety Act (1983) as amended, and the NSW Occupational Health and Safety (Committees in the Workplace Regulation) (1984).

The Committee will concern itself with all occupational health and safety matters that are brought to its attention. It will be concerned with:

the production, updating and monitoring of the occupational health and safety policy and programs;

workplace design, operating and emergency procedures;

changes to procedures and technologies that may affect aspects of occupational health and safety;

regular inspection of all places of work with regard to health and safety issues and the rectification of any unsafe or unhealthy conditions, and if required recommending to the relevant managers corrective strategies to overcome any deficiencies;

the review of all injuries, ill-health and reported near misses which have the potential to cause injury, ill-health or damage so as to assist the employer to undertake any changes to rectify occupational health and safety risks exposures not meeting relevant standards;

the provision of safety and protective equipment, services, and facilities; and

relevant education programs and information affecting the occupational health and safety of any of the University community.

4. DECISION-MAKING PROCEDURES

Any procedural matters relating to the operation of the Committee will be decided upon by the Committee.

The Committee will endeavour to operate as a joint-consultative Committee, with the appropriate management representatives on the Committee being the decision-maker on all items raised after consultation has been duly exercised. If any item which is raised falls outside the authority of the management representatives the Committee will make recommendations directly to the Vice-Chancellor or nominee.

5. MEMBERSHIP

The membership of the Committee will consist of representatives elected from the staff of the University of New England as follows:

two members elected by and from the academic staff;

four members elected by and from the general staff; and

Up to two student members, one to be nominated by each of :

Armidale Students Association (Under Graduate member); and

UNE Post Graduate Association (Post Graduate member)

Staff from the following groups will be encouraged to apply:

administrative

technical;

professional;

trades;

grounds; and

cleaning.

and up to four (4) appointed management representatives, including:

Deputy Vice-Chancellor or nominee;

Director of Facilities Management or nominee;

Director of Personnel Services or nominee.

In the event that none of the elected representatives are from the Newling site, the Committee shall co-opt one additional representative, either academic or general staff by invitation from that site.

If the required number of nominations are not received the Committee may co-opt by invitation to fill the vacancy(s).

The University Risk Manager will provide advice to the Committee and will attend, or be represented at all meetings of the Committee.

6. ELECTION AND APPOINTMENT

(a) Election of Employee's Representatives

Employee's representatives will be elected by and from the employees of the University of New England.

Within the guidelines for membership as defined in Section 5 of this Constitution, all employees of the University of New England are eligible to stand for election to the Committee.

For nomination each candidate will require a nominator and seconder who must also be employees of the University; a written statement by the candidate accepting nomination is required.

If more than the required number of nominations to fill a position are received then a postal ballot will be conducted among the employees of the University. The method of election will be by a "first past the post" system of voting.

Elected representatives will hold office for a period of two (2) years and may stand for re-election. In the event of a casual vacancy occurring on the Committee a representative will be invited from the designated area by the Committee to fill that vacancy until the next election.

Mechanism for elections

A returning officer will be appointed by the responsible administrative manager who will be responsible for the proper conduct of the election.

Elections will be conducted in September of each election year under the specified Rules for the Conduct of Elections for Members of University Committees. The incoming Committee will assume office from October 1 of the election year.

Election of Convenor and Deputy Convenor

A convenor and deputy convenor will be elected from and by the elected employees' representatives at the first meeting after each election of the Committee, and thereafter, as the occasion requires.

Half Committee Elections

Elections shall be held every year, though each member shall be elected for a 2 year term. At each election, all members who have served for 2 years (and any member appointed to fill a casual vacancy for a person who would have served for 2 years) shall be required to vacate their position on the Committee and such positions shall be opened to election in accordance with this constitution.

Accordingly the Committee will operate on the basis of annual half committee elections whereby half the academic and half of the general staff all positions will be open for election each year.

(b) Appointment of Employer's Representatives

Management representatives may appoint senior personnel as their employer representatives on the Committee. These representatives shall as far as practicable, have decision making authority to commit resources of the institution.

Management of the University has the right to determine who will be its representatives.

The University will appoint a Committee Secretary who is acceptable to the elected representatives. The Secretary will not have voting rights on the Committee.

The Secretary will be responsible for the organisation of a venue for each meeting, recording of the minutes for each meeting, for the safe keeping of all records of the Committee, and for circulating agendas, minutes and other documents as required to members of the Committee. The secretary will distribute the minutes of each meeting to each member of the Committee and to other locations as decided by the Committee.

7. INFORMATION AND ADVICE FOR THE COMMITTEE

Within the limits of privacy legislation employer's representatives will, where possible, provide for the Committee direction and advice on all occupational health and safety matters. These will include:

University policies and programmes which impinge upon Occupational Health & Safety issues and their implementation strategies;

a report from the Risk Manager or nominee including details of all injuries, accidents or incidents which have occurred since the previous meeting including any relevant investigations into these matters;

a report from the Director of Facilities Management or nominee on incidents which may affect or have the potential to affect the health, safety and welfare of members of the University's community;

a report from the Biohazards Officer;

a report from the Radiation Safety Officer;

information on proposed changes to the working environment, work methods or procedures that may have the potential to affect the health, safety or welfare of the University community will be made available to the Committee in good time to allow the Committee to evaluate such changes before they are scheduled to be introduced;

reports from consultants or inspectors which have been provided to the University on any aspect affecting health, safety and welfare; and

such other matters as the Committee may request information on from time to time.

8. TRAINING OF COMMITTEE MEMBERS

All members must have completed an accredited Safety Committee Training Course, conducted by an accredited trainer.

The training of new Committee Members will take place as soon as possible after their election or appointment to the Committee.

Any employee's representative attending a training course in accordance with the provisions as laid down in Clause 13 of the Regulations shall be entitled to the appropriate rate of pay, travel allowance and subsistence.

The Committee may determine which course it will attend and make recommendations to the University for follow-up training courses. Should a dispute develop between Management and the Committee on this matter, then the Committee may contact the NSW Occupational Health Safety and Rehabilitation Council, in accordance with the disputes procedure as laid down in Section 17(a)(ii) of this Constitution, to resolve that dispute.

9. COMMITTEE MEMBERS NON-ATTENDANCE AT MEETINGS

All Committee Members are expected to attend all Committee Meetings.

In the event that any representative is unable to attend meetings on a regular basis, the convenor should be notified The Committee may then take any combination of the following action in this instance: request the resignation of that member; call an election to replace the member on the Committee; nominate a replacement member; or, leave the position unfilled.

Where a representative fails to attend three successive meetings without appropriate explanation acceptable to the Committee, that representative may be replaced.

10. SUBSTITUTE REPRESENTATIVES AT COMMITTEE MEETINGS

If a Committee member is aware that he/she will be absent for a meeting and that either; (i) there will be insufficient members present to constitute a quorum, or (ii) the agenda item(s) have direct impact on that member's work area then a substitute representative may be nominated.

In the event of using a substitute representative the Convenor should be advised in advance of their name and position.

Substitute representatives, who are not trained, are not to attend more than three consecutive meetings. A member of the Committee may not, without leave of the Committee, appoint a substitute for more than three meetings in a calendar year.

A member may apply for Leave of Absence from the Committee. On the Committee's approval of this Leave of Absence, the Committee may then appoint a substitute representative for the period of this Leave of Absence. Any Leave of Absence will count as part of the elected member's term in office.

11. MEETINGS & MINUTES

(a) Meetings

The Committee shall meet at least once every 3 months, or at shorter intervals as agreed by the Committee.

The date, time and place of each scheduled meeting will be decided by agreement among members of the Committee, and details will be organised by the Committee's secretary. At least seven (7) working days notice shall be given of each meeting. An agenda will be circulated with the notice of the meeting.

In exceptional circumstances, the convenor may call a meeting at any time.

A quorum for a meeting will be three employees' representatives and one employer's representative.

All agenda items are to be submitted through the convenor to reach the Committee's Secretary at least ten (10) working days before each meeting.

The Committee will have the discretion to decide the appropriate course of action for items raised at a meeting which are not on the agenda.

The Committee will attempt to make decisions through general consensus. If the Committee fails to reach consensus on any issue, then the matter will be decided by vote.

Where voting takes place there will be equal voting rights when considering procedural matters or on making recommendations to management. There will be no casting vote when determining motions.

(b) Minutes

Minutes of Committee Meetings, whether or not those meetings are regarded as ordinary or extraordinary will be kept.

It is the responsibility of the Secretary to record the Minutes. Minutes will contain the following information -

1.
Description of Meeting (i.e. whether committee, sub-committee, ordinary meeting, etc.), place, time and date on which it was held.

2.
A list of those present.

3.
Apologies for absences.

4.
Notification of Approval of Minutes from previous meeting.

5.
Whether there was any business arising from the Minutes.

6.
Notation of reports or correspondence.

7.
Items of General Business, the decision of the meeting, and the appropriate action to be taken.

8.
Time meeting closed and date, venue for next meeting.

If insufficient members attend a duly notified meeting to constitute a quorum, the Committee's Secretary shall record the names of those attending. These names shall be entered in the minutes of the next quorate meeting.

After each meeting the Secretary will provide the following copies of the Minutes within fifteen working days:

(a)
One copy to each member of the Committee.

(b)
Sufficient copies to ensure display of the Minutes in prominent locations at all of University's major work sites, and on at least one notice board in each Department, and other venues as decided by the Committee. On request, minutes may be provided to members, Departments or individuals by electronic means.

The Minutes are to be kept in a secure location by the University and all Committee members shall have access to them.

12. ATTENDANCE OF NON-MEMBERS AT COMMITTEE MEETINGS

Non-members of the Committee may attend meetings. Non members may address the meeting on invitation by the convenor, who will have the agreement of the members of the Committee. Such persons may have special knowledge, advice or information of value to the Committee, or may represent a section of the University community not already represented by the membership of the Committee as defined in Paragraph 5 (Membership) of this Constitution. These persons may address the Committee and answer questions only on the invitation of the convenor and with the agreement of the Committee, but will not be entitled to vote.

The convenor may ask any non-members or observer representatives to leave the room if matters confidential to the Committee are to be discussed.

13. COMMUNICATIONS WITH EMPLOYEES

Employee representatives will be allowed time to discuss occupational health and safety issues, and for the purpose of carrying out other delegates' tasks or functions, as determined by the Committee.

14. RIGHTS OF EMPLOYEES' REPRESENTATIVES

An employee's representative on the Committee will be deemed to be engaged in their normal duties whilst exercising that person's functions as a member of the Committee.

This provision will also apply to a member of the Committee attending any training course associated with that person's position on the Committee and agreed with the Employer (refer to Section 8 of this Constitution - "Training of Committee Members").

Employees' representatives on the Committee whilst engaged in their function as a Committee Member, or whilst attending any training associated with their position on the Committee, shall be paid the appropriate rate.

15. PROCEDURE FOR CHANGING THE CONSTITUTION

A request for any change to this Constitution will be submitted, in writing, through the proposer's appropriate representatives (employee, or employer) for referral to the convenor. The convenor will provide the supplied documentation to the secretary for distribution to members, display on notice boards and inclusion on the Meeting Agenda.

The procedure for any constitutional changes will be as follows:

1.
Any proposed changes are to be in the hands of the Secretary at least 21 working days prior to any meeting so that notice may be given to all Committee Members at least 14 working days in advance of any meeting.

2.
Any constitutional changes will require a two-thirds majority vote.

16. DISPUTE PROCEDURES

(a)
External Disputes

If a dispute exists between the Committee and the Management the convenor will convene a meeting of the Committee as soon as practicable and the Committee will consider only the matter/s in dispute and the appropriate course of action, viz,

(i)
If it is an occupational health and safety matter, whether to immediately call in an inspector from WorkCover Authority, or whether to re-negotiate with management on the matter and inform them that if an acceptable solution cannot be found that the Committee will call in a WorkCover Authority inspector.

Note:
This procedure will be influenced by the seriousness of the matter and in emergency situations it may be considered appropriate that the Convenor or an individual Committee Member may need to contact a WorkCover Authority inspector immediately, and report to the Committee at a later stage.

(ii)
If the matter concerns establishment, procedures for election, composition and size, training or any procedural matter, then the same procedure as above would apply with the exception that the Committee would appeal to the Occupational Health Safety and Rehabilitation Council of N.S.W. for arbitration on the matter.

(b)
Internal Disputes

(i)
Procedural Matters. If the Committee cannot reach consensus on issues before them, they will put that issue/s to a vote. If voting fails to solve the dispute then the Committee may appeal to the Occupational Health, Safety and Rehabilitation Council of N.S.W. for determination of the matter.

(ii)
Occupational Health and Safety Matters. If the Committee is in dispute on any matter that relates to Occupational Health and Safety then the Convenor of that Committee may either take the matter up with the Management of the University for determination or may contact WorkCover Authority and ask for a WorkCover inspector to arbitrate on the matter.

1.	facilitate an effective and efficient cooperation among the University community in establishing and maintaining a safe and healthy working environment;
2.	provide a forum for frank and open discussion on all aspects of occupational health and safety in the workplace; and
3.	allow a mechanism by which the University community may refer matters to the Committee for advice and assistance under the provisions of the Occupational Health & Safety Act (1983) and associated regulations.

	the production, updating and monitoring of the occupational health and safety policy and programs;
	workplace design, operating and emergency procedures;
	changes to procedures and technologies that may affect aspects of occupational health and safety;
	regular inspection of all places of work with regard to health and safety issues and the rectification of any unsafe or unhealthy conditions, and if required recommending to the relevant managers corrective strategies to overcome any deficiencies;
	the review of all injuries, ill-health and reported near misses which have the potential to cause injury, ill-health or damage so as to assist the employer to undertake any changes to rectify occupational health and safety risks exposures not meeting relevant standards;
	the provision of safety and protective equipment, services, and facilities; and
	relevant education programs and information affecting the occupational health and safety of any of the University community.

	two members elected by and from the academic staff;
	four members elected by and from the general staff; and
Up to two student members, one to be nominated by each of :
	Armidale Students Association (Under Graduate member); and
	UNE Post Graduate Association (Post Graduate member)
Staff from the following groups will be encouraged to apply:
	administrative
	technical;
	professional;
	trades;
	grounds; and
	cleaning.
and up to four (4) appointed management representatives, including:
	Deputy Vice-Chancellor or nominee;
	Director of Facilities Management or nominee;
	Director of Personnel Services or nominee.

	University policies and programmes which impinge upon Occupational Health & Safety issues and their implementation strategies;
	a report from the Risk Manager or nominee including details of all injuries, accidents or incidents which have occurred since the previous meeting including any relevant investigations into these matters;
	a report from the Director of Facilities Management or nominee on incidents which may affect or have the potential to affect the health, safety and welfare of members of the University's community;
	a report from the Biohazards Officer;
	a report from the Radiation Safety Officer;
	information on proposed changes to the working environment, work methods or procedures that may have the potential to affect the health, safety or welfare of the University community will be made available to the Committee in good time to allow the Committee to evaluate such changes before they are scheduled to be introduced;
	reports from consultants or inspectors which have been provided to the University on any aspect affecting health, safety and welfare; and
	such other matters as the Committee may request information on from time to time.

1.	Description of Meeting (i.e. whether committee, sub-committee, ordinary meeting, etc.), place, time and date on which it was held.
2.	A list of those present.
3.	Apologies for absences.
4.	Notification of Approval of Minutes from previous meeting.
5.	Whether there was any business arising from the Minutes.
6.	Notation of reports or correspondence.
7.	Items of General Business, the decision of the meeting, and the appropriate action to be taken.
8.	Time meeting closed and date, venue for next meeting.

(a)	One copy to each member of the Committee.
(b)	Sufficient copies to ensure display of the Minutes in prominent locations at all of University's major work sites, and on at least one notice board in each Department, and other venues as decided by the Committee. On request, minutes may be provided to members, Departments or individuals by electronic means.

1.	Any proposed changes are to be in the hands of the Secretary at least 21 working days prior to any meeting so that notice may be given to all Committee Members at least 14 working days in advance of any meeting.
2.	Any constitutional changes will require a two-thirds majority vote.

(a)	External Disputes
	If a dispute exists between the Committee and the Management the convenor will convene a meeting of the Committee as soon as practicable and the Committee will consider only the matter/s in dispute and the appropriate course of action, viz,
	(i)	If it is an occupational health and safety matter, whether to immediately call in an inspector from WorkCover Authority, or whether to re-negotiate with management on the matter and inform them that if an acceptable solution cannot be found that the Committee will call in a WorkCover Authority inspector.
	Note:	This procedure will be influenced by the seriousness of the matter and in emergency situations it may be considered appropriate that the Convenor or an individual Committee Member may need to contact a WorkCover Authority inspector immediately, and report to the Committee at a later stage.
	(ii)	If the matter concerns establishment, procedures for election, composition and size, training or any procedural matter, then the same procedure as above would apply with the exception that the Committee would appeal to the Occupational Health Safety and Rehabilitation Council of N.S.W. for arbitration on the matter.
(b)	Internal Disputes
	(i)	Procedural Matters. If the Committee cannot reach consensus on issues before them, they will put that issue/s to a vote. If voting fails to solve the dispute then the Committee may appeal to the Occupational Health, Safety and Rehabilitation Council of N.S.W. for determination of the matter.
	(ii)	Occupational Health and Safety Matters. If the Committee is in dispute on any matter that relates to Occupational Health and Safety then the Convenor of that Committee may either take the matter up with the Management of the University for determination or may contact WorkCover Authority and ask for a WorkCover inspector to arbitrate on the matter.