(1) Subject to
subsections (2) to (4), the constitution of a health and safety committee may
be agreed between the person conducting the business or undertaking and the
workers at the workplace.
(2) If there is a
health and safety representative at a workplace, that representative, if he or
she consents, is a member of the committee.
(3) If there are 2 or
more health and safety representatives at a workplace, those representatives
may choose one or more of their number (who consent) to be members of the
committee.
(4) At least half of
the members of the committee must be workers who are not nominated by the
person conducting the business or undertaking.
(5) If agreement is
not reached under this section within a reasonable time, any party may ask the
regulator to appoint an inspector to decide the matter.
(6) An inspector
appointed on a request under subsection (5) may decide the constitution
of the health and safety committee or that the committee should not be
established.
(7) A decision of an
inspector under this section is taken to be an agreement under this section
between the parties.