OHS Act guide
Health and safety committees: when one becomes compulsory
The section 19 trigger is not a headcount, it is the number of designated representatives. This guide covers composition, meeting frequency, functions under section 20, and the three year record retention. Position as at August 2026.
The trigger is representatives, not headcount
Section 19(1) requires an employer, in respect of each workplace where two or more health and safety representatives have been designated, to establish one or more health and safety committees, and to designate the workplaces or sections each committee acts for.
That is a second order trigger. Representatives are only required once an employer has more than 20 employees at a workplace, and the ratio under section 17(5) is one per 50 or part thereof outside shops and offices, or one per 100 or part thereof in shops and offices. So most workplaces reach two representatives at around 51 employees, or around 101 employees for a shop or office, unless a richer ratio has been agreed.
An inspector who considers the number of committees inadequate may direct the employer in writing to establish the number the inspector determines, under section 19(7).
Composition, and the limit that protects the balance
Where there is one committee, all the health and safety representatives for that workplace are members. Where there is more than one, each representative must be a member of at least one of them.
An employer may nominate persons to a committee, but section 19(2) provides that the number of persons nominated by the employer may not exceed the number of health and safety representatives on that committee. That is the provision that keeps a committee from becoming a management meeting with observers.
Section 19(3) provides that employer nominated members hold office for the period the employer determines, while representatives serve for the period of their section 17(1) designation. Section 19(6) allows the committee to co opt persons with particular knowledge as advisory members, and an advisory member does not vote.
OHS Act s19(2), s19(3), s19(6)The cadence and the records
| Requirement | Detail | Provision |
|---|---|---|
| Meeting frequency | At least once every three months, at a time and place determined by the committee | s19(4) |
| Inspector directed meeting | An inspector may direct a meeting at a time and place the inspector determines | s19(4) |
| Employee requisitioned meeting | The committee must meet where more than 10 percent of the employees who are not representatives request it in writing | s19(4) |
| Incident discussion | The committee must discuss any incident at the workplace in which or as a consequence of which a person was injured, became ill or died, and may report in writing to an inspector | s20(1)(b) |
| Record of recommendations | A record must be kept of every recommendation made to the employer and every report made to an inspector | s20(2) |
| Retention | Those records must be kept for at least three years | GAR 5(b) |
| Meeting place | The employer must make a suitable meeting place available to the committee | GAR 5(a) |
| Incident records on the agenda | The committee must consider incident records at its next meeting, and the employer must ensure the necessary actions are implemented and followed up to prevent recurrence | GAR 9(4) |
What the committee is actually for
Section 20(1)(a) allows the committee to make recommendations to the employer on any matter affecting the health or safety of persons at the workplace, and where those recommendations fail to resolve the matter, to make them to an inspector. That escalation route is the committee real power, and it is why the section 20(2) record of recommendations matters: it is the evidence of what was raised and when.
Section 20(3) protects the committee and its members from civil liability by reason only of a failure to do something the Act requires or permits. Section 20(4) puts a duty back on the employer to take the prescribed steps to ensure the committee complies with section 19(4) and performs its duties, so an employer cannot treat a dormant committee as the committee problem.
OHS Act s20Questions about health and safety committees
When does a health and safety committee become compulsory?
When two or more health and safety representatives have been designated in respect of a workplace. That is the trigger in section 19(1), and it depends on the number of designated representatives rather than directly on headcount. Because representatives are only required above 20 employees at a workplace, and the ratio is one per 50 or part thereof outside shops and offices, most workplaces reach two representatives at around 51 employees, or around 101 for a shop or office, unless a richer ratio has been agreed.
How often must the committee meet?
At least once every three months under section 19(4), at a time and place determined by the committee. Two things can force additional meetings: an inspector may direct a meeting at a time and place the inspector determines, and the committee must meet where more than 10 percent of the employees who are not health and safety representatives request it in writing.
How long must committee minutes and records be kept?
Section 20(2) requires a record of every recommendation made to the employer and every report made to an inspector. General Administrative Regulation 5(b) requires those records to be kept for at least three years. Incident records under General Administrative Regulation 9 carry the same three year minimum, and the committee must consider incident records at its next meeting under regulation 9(4).
Can management outnumber the employee representatives on the committee?
No. Section 19(2) provides that the number of persons nominated by the employer may not exceed the number of health and safety representatives on that committee. Persons co opted under section 19(6) for their particular knowledge sit as advisory members and do not vote.
Committee cadence that does not slip
The GRC Shop OHS app schedules the quarterly meeting, carries incident records into the agenda as the regulations require, and keeps the recommendation record where an inspector can be shown it.
This guide is general information about published law, stated as at August 2026. It is not legal advice and GRC Shop is not a law firm. Confirm any provision against the current Act or gazetted regulation before acting.