(1) The person conducting a business or undertaking at a workplace must establish a health and safety committee for the business or undertaking or part of the business or undertaking:
(a) within 2 months after being requested to do so by:
(i) a health and safety representative for a work group of workers carrying out work at that workplace; or
(ii) 5 or more workers at that workplace; or
(b) if required by the regulations to do so, within the time prescribed by the regulations.
Penalty: The tier F monetary penalty.
(1A) Section 4K of the Crimes Act 1914 does not apply in relation to the offence in subsection (1).
(2) A person conducting a business or undertaking at a workplace may establish a health and safety committee for the workplace or part of the workplace on the person's own initiative.
Note: If a health and safety committee is not required to be established, other consultation procedures can be established for a workplace--see Division 2 of this Part.